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Sex offender gets 19-60 years in prison

The Herald - 3/15/2017

March 15--MERCER -- Claiming that he was innocent of charges for which he was about to be sentenced, along with charges from a second sexual assault case from years ago, Glavin J. Ivy on Tuesday called himself "a good man."

"I ask for mercy," Ivy, 26, told Mercer County Common Pleas Court Judge Christopher J. St. John. "I am not a rapist."

St. John showed enough mercy not to sentence Ivy to the maximum 30 to 60 years in prison on charges of rape, kidnapping and aggravated assault, which is what the Mercer County District Attorney's Office wanted.

But, St. John's sentence of 19 to 60 years satisfied DA Miles K. Karson Jr.

"We're pleased that a court in Mercer County remembered that the word 'consecutive' is in there," said Karson, who observed the proceedings and did not argue the position in court.

Ivy was convicted by a jury of confining, choking and sexually assaulting a 30-year-old woman in November 2014 in Sharon. Sentence guidelines called for a minimum sentence of 3 1/2 to 4 1/2 years on each of the kidnapping and assault charges and 5 1/2 to 7 years on the rape charge. Judges have the discretion to decide whether sentences for multiple offenses be served consecutively -- back to back -- or concurrently -- all at once.

St. John noted he typically sentences within the guidelines, getting no satisfaction from exceeding them, and that he rarely issues consecutive sentences. In this case, he considered each offense a separate crime, making consecutive sentences appropriate, he said.

The judge pulled back from throwing the book at Ivy because of the "mitigating factors" in his life, he said.

In asking for the maximum sentence, Assistant District Attorney Dave Wenger noted Ivy, whom he called "a very violent, scary member of society," has been convicted of crimes such as theft, attempted robbery, simple assault and harassment in four states -- Pennsylvania, Florida, North Dakota and Tennessee -- and those offenses show a pattern of behavior.

"He has taken advantage of multiple people across multiple states and committed multiple crimes," Wenger said. "He moves from one location to another, finds a victim and victimizes them."

"The commonwealth makes a good point," St. John said. "It appears your conduct is accelerating and your next victim might not survive the encounter."

Ivy, who has been in jail since Nov. 20, 2014, grooms his victims, luring them in with his wit, intelligence and musical ability and by taking an interest in their lives, St. John said.

But, Ivy "assumes the moral high ground" in relationships and the text messages he sent to the victim in this case were "vile, vulgar, manipulative, threatening," St. John said.

"From the testimony of the two women, it is pretty clear that you are a manipulator," the judge said. "You know how to find the weakness in people and manipulate them to your own goals."

In outlining the mitigating factors, St. John discussed Ivy's childhood.

Abandoned at age 4 by his parents, who frequently landed in jail and had substance abuse issues, Ivy was shuttled from foster care placement to residential or treatment centers -- 25 moves in all -- and was sexually abused by two older boys while in foster care.

He was diagnosed with mental health disorders early on and hospitalized twice for it. He also was adjudicated delinquent for sex offenses against two younger boys in 2003, when he was about 12.

Ivy denied that the juvenile case occurred. He said he never appeared in court or admitted to anything, he said.

"I have no recollection of any charge of that," Ivy said. "Never happened."

It's easy to charge a boy with something when he has no family support, he said.

"All I know is I was in placement because I had nowhere to go," Ivy said.

Officials said one placement included two years of sexual offender treatment, which St. John said apparently failed.

Prior to the sentencing hearing, St. John designated Ivy a sexually violent predator, which increases his reporting and counseling requirements under the Sexual Offenders Registration and Notification Act.

Ivy refused to sign the forms outlining his lifetime registration responsibilities as a sex offender.

Wenger offered the testimony of Sexual Offenders Assessment Board Member Brenda A. Manno, who often evaluates recently convicted Mercer County sex offenders. According to Manno, Ivy exhibits antisocial personality disorder based on his disregard for the rights and safety of others, repeated criminal conduct, impulsive behavior and lack of remorse. That disorder makes him likely to commit another sex crime, Manno said.

Assistant Public Defender Charles F. Gilchrest hammered home that Ivy was a child when he committed the first sex crime, but Manno responded that she would have considered him a predator if that case did not exist.

"There does not have to be a prior sexual offense to be a sexually violent predator," she said.

Prior to the hearing, Ivy waived any potential conflict he had with Gilchrest, whom he has sued in federal court.

Ivy initially sued the DA's office and Mercer County Jail Warden Erna Craig over what he said is a policy that discovery material -- documents including police reports and witness statements -- is not allowed to be left with inmates by defense attorneys. This policy prevents inmates from adequately reviewing the material and helping in their own defenses, he said.

Ivy added that he had been granted permission to amend the lawsuit and on Friday mailed an amended complaint to U.S. District Court, Pittsburgh. He said he added several defendants, including Gilchrest for allegedly not satisfactorily fighting what Ivy said was fraudulent evidence and perjured testimony offered at his trial.

Ivy said he was OK with Gilchrest representing him Tuesday and Gilchrest said he was willing to proceed. St. John said the decision only applied to Tuesday's hearings and would not affect future hearings.

Ivy said he plans to appeal his conviction.

Ivy also faces charges including rape in a separate case. He has challenged that case proceeding, arguing it would be double jeopardy to prosecute him because the alleged victim testified in his first trial.

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(c)2017 The Herald (Sharon,Pa)

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