A Bedford man found guilty of sexual assault in September was sentenced Tuesday to time in state prison.
Kyle L. Swindell, 23, was found guilty after a two-day trial on felony counts of sexual assault and aggravated indecent assault. The charges stemmed from a reported incident in April when a then-18-year-old woman said Swindell had raped her during a surprise birthday party for him and his brother in Bellefonte.
Swindell has remained free on bail since his conviction.
He appeared at the Centre County Courthouse before county Judge Thomas Kistler where his attorney, Philip Masorti, argued for a mitigated sentence. Masorti pointed out several letters of support sent to the court from members of Swindell’s community, saying that a lengthy incarceration would likely have a negative affect on his life.
Assistant District Attorney Michael Osterberg countered, citing his desire to “dispel that anything consensual happened that night.” He reminded the court that each crime Swindell was found guilty of included an element of nonconsent, saying the charges required a period of state incarceration.
Kistler said, based on the information he’d received through the letters, he felt Swindell was “an outstanding prospect for rehabilitation” and an individual who had made “outstanding contributions to his community.”
Kistler sentenced Swindell to two to six years in a state prison to be followed by one year of probation. He must pay the costs of prosecution, $1,100 in fines and $1,275 in restitution. He will additionally serve one day of community service, is prohibited from contacting the woman involved in the case and must register as a tier-three sex offender for the remainder of his life.
Swindell’s sentence will begin Dec. 26.