Lucas County Common Pleas Judge James Bates told Avery M. Schwartz, 21, he'd let down his family, his attorney, and the court when he committed the crime and allegedly raped a second victim Friday while out of jail on a $100,000 bond. Schwartz was arrested by Toledo police on Saturday and charged with rape.
"I received 10 or 15 letters from relatives and friends saying what a good guy you are," Judge Bates said. "One of the people who sent a letter is the new victim. She told me what a nice guy you are, and you may have done something rather serious to her while out on bond in this case."
Schwartz pleaded no contest and was found guilty March 20 of rape, a first-degree felony, for assaulting a 21-year-old woman last September. Schwartz, who had faced up to 11 years in prison, sexually assaulted the victim on their second date despite her repeated pleas to him to stop.
The victim addressed the court, describing how the rape had affected not only her body but her mind and spirit. She said she felt lost and unsure of what direction her life should take.
"Prior to Sept. 6, 2017, I was an independent and trusting person," she said. "I am no longer either of those things."
Schwartz apologized, saying he didn't mean to hurt her.
"All I can really say is sorry," he said. "I don't know how else to put it. I'm truly sorry."
His attorney, Stevin Groth, said Schwartz took responsibility for what he did. He said that absent the new allegation, Schwartz was by many accounts a nice, normal young man with a job and a supportive family.
"The new allegations make everything now not normal for Mr. Schwartz but ultimately he is still the same person," Mr. Groth said. "When we spoke yesterday at the jail it was important to me that he said over and over that he wanted counseling and help."
According to court records, a 21-year-old woman told police she was sound asleep Friday when she awoke to find him raping her.
Judge Bates classified Schwartz as a sex offender who must register his address with the county sheriff every 90 days for the rest of his life.
Rather than going directly to prison, Schwartz is to be held in jail locally while his new criminal case is pending.
Contact Jennifer Feehan at firstname.lastname@example.org or 419-213-2134.
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