Rape trial scheduled for Springfield man


A Springfield, Ohio, man pleaded not guilty to charges of rape and kidnapping Monday afternoon in Delaware County Common Pleas Court.

Javier R. McGarvey, 19, entered a not guilty plea to two counts of rape, first-degree felonies; a count of kidnapping, a second-degree felony; and one count of gross sexual imposition, a fourth-degree felony.

Delaware County Common Pleas Court Judge David Gormley accepted his plea and scheduled a jury trial March 2. He set McGarvey’s bond at $100,000 and scheduled a pretrial hearing for Feb. 13.

Prosecutors allege that on Aug. 13 McGarvey was visiting a family friend in Columbus to play Pokemon Go and afterwards they went to the girl’s home in Delaware. Assistant Delaware County Prosecutor Brian Walter said at the home McGarvey and the 17-year-old were alone in the basement. He said that McGarvey wrapped his arms around the girl and sexually assaulted and raped her.

Walter alleged that McGarvey told the girl that “it’ll go quicker if you go along” during the assault.

Walter said McGarvey initially denied the allegations, but after hearing the girl’s statement, he acknowledged it. McGarvey’s attorney, Michael Morocco, said Monday that he disagreed with the prosecutor’s presentation of the case and said the sexual conduct was consensual.

At the arraignment, Gormley told McGarvey that he faces between three to 11 years in prison for the rape charges; between two to eight years for the kidnapping charge; and up to 18 months in prison for the gross sexual imposition charge.

McGarvey was indicted on Dec. 2 by a Delaware County Grand Jury and arrested on Dec. 9 in Fort Wayne, Indiana, where he attends college.

McGarvey was in the Delaware County Jail Monday afternoon.

McGarvey with his attorney, Michael Morocco, at his arraignment on Monday afternoon.
http://aimmedianetwork.com/wp-content/uploads/sites/40/2016/12/web1_DSC_0907.jpgMcGarvey with his attorney, Michael Morocco, at his arraignment on Monday afternoon.

By Glenn Battishill

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Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.

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