A Bowling Green man accused of rape has rejected a plea offer that may have kept him out of prison.
Kenton Diaz, 22, appeared Monday in the courtroom of Wood County Common Pleas Judge Molly Mack.
He had been indicted in October for rape, a first-degree felony.
On Jan. 28, 2022, he was accused of engaging in sexual conduct by purposely compelling a woman to submit by force or threat of force.
Mack said the rape charge carries a mandatory minimum prison sentence of three years and up to 16.5 years, plus registration as a Tier III sex offender, which will require him to register every 90 days for life.
Wood County Assistant Prosecuting Attorney Lara Rump said the state’s offer was to amend the charge to gross sexual imposition, a fourth-degree felony.
This charge has a discretionary prison term of six-18 months with a Tier I sexual offender classification, which requires annual registration for 15 years.
Rump said the offer was being rejected and therefore withdrawn.
Diaz confirmed he was rejecting the plea offer.
The case is set to go to trial May 10.
Defense attorney David Klucas earlier this month filed a motion requesting the court to prohibit the state from introducing what he called hearsay evidence obtained by a witness. This witness told police that Diaz was either with her or at work and could not have committed the offense.
Wood County Assistant Prosecuting Attorney Brian Boos, in his rejection, stated that Diaz had lied about knowing the alleged victim and the witness had lied about his whereabouts the night of the alleged offense. Statements the witness made to police cannot be construed as hearsay.
Mack had not ruled on the motion as of Monday morning.
A final pretrial was scheduled for April 28 to address any further motions that may arise.
