Log In


Reset Password

Man pleads guilty to sex assault from over a decade ago

A Carbon County man charged with the sexual assault of a young boy that occurred over a decade ago entered a guilty plea in county court on Tuesday, but not to any charges related to sexual assault.

David W. Conway III, 32, of Lehighton, pleaded to one count of simple assault - physical menace while four counts of involuntary deviate sexual intercourse with a child and two counts sexual assault, all felonies; and two counts of indecent assault, misdemeanors, were dropped in a plea bargain with the district attorney's office. The assaults occurred while Conway was between the ages of 11 and 14 and the victim was between the ages of 5 and 8. The charges were filed about two years ago.Judge Joseph J. Matika questioned the victim and his mother concerning the plea agreement in which the simple assault count was added to the criminal complaint Tuesday on motion of the DA's office and defense counsel, attorney Robert T. Yurchak.Matika asked both if they understood that the charge the defendant was pleading to did not fall under the provisions of Megan's Law and therefore Conway would not be subject to be registered as a sexual offender. He also asked if they realized that the charge Conway pleaded to carries a maximum of two years probation.He then asked if they agreed with the plea agreement, and both, in separate appearances before the court, said they did agree to the plea bargain.Conwaywas charged by Nesquehoning Police Chief Sean Smith after the victim, who is now 24, reported the assault, which happened between 1998 and 2001.According to the affidavit, the victim arrived at the police station on March 1, 2015, wanting to report an assault. He told police that he was between 5 and 8 at the time of the incident.The assaults occurred when the victim went with his mother to the Conway residence, then in Nesquehoning. While there, he would visit with David, who he believed was a teenager at the time.During the visits, the victim said Conway had a Nintendo gaming system in his bedroom that he wouldn't let the victim use unless he performed a sexual act on Conway. Once the act was done, Conway would allow the victim to play the Nintendo.This occurred on several occasions, the victim told police.On March 12, 2015, Nesquehoning police officer Tim Wuttke and Smith interviewed Conway, who waived his Miranda Rights by signing a waiver and agreed to speak with police.Conway confessed that he did make the victim perform a sexual act on him on at least two or three occasions in his bedroom when he was around 13 or 15 years of age.Conway also said he did not force the victim to perform the acts and said he then would let the victim use the Nintendo.On Tuesday, the victim told the court that he lived with what happened until he was 18, then decided to tell someone about it. However, the incidents were not brought to the police until he was about 21. He said until that time, "I carried the burden myself."He said he needed to report it so other children would not become a victim like him.The victim's mother also spoke to the court, asking for the maximum term allowed be imposed. She said her son has received extensive counseling and is continuing treatment. She said the incident would affect her son "the rest of his life."Yurchak told the court that his client has also sought out mental health treatment and is currently receiving counseling for what occurred.Matika said he realizes the family is seeking justice but added, "justice is limited in this case" based on the plea that the defendant entered.Matika added, "There is no way to excuse your actions. This will affect both families the rest of their lives."Matika imposed a probation term of two years, the maximum allowed by law, and also ordered Conway to render 100 hours of community service, submit to a sexual offenders evaluation and follow all recommendations from that evaluation, have no contact with the victim or his family, make restitution of $689.94 to the family for medical expenses, pay court costs of about $1,000, pay a $50 per month supervision fee while on probation and continue his counseling sessions.