Taneytown man is sentenced for fondling retarded woman Defendant had previous sex offense on record

April 05, 1996|By Mike Farabaugh | Mike Farabaugh,SUN STAFF

A Taneytown man was sentenced to three years in state prison yesterday on charges of fondling a retarded co-worker at a Westminster restaurant.

The defendant, Larry Joseph Dayhoff, 59, was on work release for a previous sexual offense when he was arrested in June.

Carroll County Circuit Judge Francis M. Arnold recommended to the state Division of Correction that Dayhoff serve his sentence at the Maryland Reception Diagnostic Classification Center in Baltimore, where he could receive counseling in the sexual offenders' program.

Judge Arnold ordered Dayhoff to serve one year on a sexual offense count and a two-year term on a false imprisonment count for holding the woman in the restaurant's basement where the assault occurred.

Dayhoff pleaded guilty to the offenses Feb. 5, court records showed.

Prosecutor Tracy A. Gilmore, an assistant state's attorney, opposed a sentence of less than three years, reminding Judge Arnold that the defendant received a lenient one-year sentence with work release in the previous case involving a different woman.

"Not only doesn't he get it, he goes out and does it again" while on work release, Ms. Gilmore said. "And then he blames the victim in this case, saying she giggled and smiled."

According to the statement of facts presented to the court in February, the victim was employed for eight years as a dishwasher and had gone to the basement June 14 to get a bottle of bleach when the defendant grabbed her from behind and detained her for about 10 minutes.

The woman was crying hysterically when a co-worker arrived, and the defendant let the woman go, the prosecutor said.

Dayhoff told Judge Arnold yesterday that the woman "kept coming back to me. If she keeps smiling, it's not a turndown."

Court records showed that Dayhoff had called the woman "slow," but later said he did not know she was retarded because she was working.

"I am not sure if you are convinced you did anything wrong," the judge said.

Pub Date: 4/05/96

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