A New Auburn man who was accused of a sexual assault in 2014, and pleaded guilty last fall to assaulting another woman in April 2017, was sentenced Friday to serve four months in jail.
Roger C. Robey, 28, 410 W. Dell St., pleaded guilty in November to lewd & lascivious behavior, theft and criminal damage to property in Chippewa County Court. Charges of third-degree sexual assault, disorderly conduct, criminal damage to property, and three counts of bail jumping were read-in and dismissed.
Chippewa County District Attorney Wade Newell told Judge Steve Cray that given Robey’s past assault, and that this is another case of an unwanted sexual contact, jail time and probation was warranted. Newell requested six months in jail.
Defense attorney Kirby Harless said that Robey is not the same man he was when those incidents occurred. Robey has enrolled himself in treatment programs and has been sober for the past two years. Harless requested two years of probation with an imposed-and-stayed jail sentence.
“He ended up relapsing on alcohol,” Harless told Cray. “Mr. Robey has a drinking problem, and he’s well aware of that.”
Harless noted that the matter was reduced from a sexual assault to a conviction of lewd & lascivious behavior.
“There were issues with the case, which is why we have the plea bargain in this case,” Harless said. “Mr. Robey is here, having pled guilty, and accepting responsibility.”
Robey spoke before the sentencing, where he admitted he was heavily intoxicated at the time of the incident, but he adamantly denied that a sexual assault occurred.
“I’ve done everything I can to change. I am actively in treatment,” Robey told Cray.
However, Cray ordered the jail sentence, along with two years of probation. Cray also ordered up to another two months in jail, at the discretion of the probation agent. Cray also ordered Robey to maintain absolute sobriety.
“These sort of acts have consequences,” Cray told Robey.
According to the criminal complaint, an officer was sent to a home on Wheaton Street in Chippewa Falls on April 21, 2017, after a report of a sexual assault. The officer spoke with a 33-year-old woman who said that Robey had sexually touched her. He left the scene before police arrived.
In 2014, Robey was charged with second-degree sexual assault by force, but that charge was later dismissed. However, as part of that case, Robey was convicted of substantial battery and was ordered to serve 60 days in jail and was placed on probation for two years. In that case, the victim said Robey pushed her down a flight of stairs, causing her to hit her head and lose consciousness. She said he had prevented her from leaving the house. He kicked in a door at one point during a fight, and he also grabbed her in a sexual manner.
When Robey was charged in the 2017 sexual assault, his probation on the 2014 matter was revoked and he was ordered in September 2017 to serve one year in jail. At the 2017 sentencing, Judge Steve Cray admonished Robey, saying he’s concerned that each incident involved extreme alcohol consumption.
Robey’s fiancee spoke prior to sentencing, telling Cray that she fears that if Robey is incarcerated, he will be influenced by people in the jail and could relapse, and it would negatively affect his sobriety.
Robey must report to the jail by March 17.