WAGONER, Okla. - A Wagoner County man was sentenced Friday in a child rape case.
Jacob Kelly, 21, of Wagoner County was sentenced to 30 years in prison after pleading guilty to first-degree rape.
Kelly entered a blind plea, leaving it up to Judge Darrell Shepherd to determine a sentence.
Assistant District Attorney Stephanie Milburn requested a minimum of 25 years for Kelly, who also has a pending charge in Mayes County for lewd molestation of a 6-year-old.
Kelly cried and put his head against the defendant's table as the judge handed down his sentence.
One family member left the courtroom while another cried.
Kelly's cousin, 18-year-old Levi Phillips, took the stand in Kelly's defense.
Both Phillips and Kelly blamed the victim in this case, saying she dressed provocatively and was flaunting herself at them while they were partying together March 31, 2012.
Before having sex with the 12-year-old victim, Kelly went of Facebook to verify her age. There, he determined that she was 17, though she testified later that she misrepresented herself on Facebook.
The victim also told Kelly that she was 15, but that didn't matter to prosecutors. They said he should've been able to tell the difference between a 12-year-old and a 17-year-old.
Following the intercourse, Kelly wrote love and apology letters to the victim, saying they could work it out and asking for another chance.
On the stand, Kelly made the following statements:
"I wish it never happened ... It shouldn't have happened ... If I could, I'd take it back in a heartbeat."
It's likely, according to Milburn, that Kelly will have to register as a sex offender.
Kelly will be back in court next March for possible sentence modification, which is contingent on any outcome from the Mayes County case.
The judge told Kelly as he sentenced him Friday that there's no excuse for a grown man having sex with a child and he didn't buy the "flaunting" defense. He also said parents need to be careful about kids on social media.
Gary Huggins, Kelly's defense attorney, said Kelly made a bad choice. He said the girl propositioned Kelly but that does not excuse the fact that he had sex with a child.
Huggins said he believes Kelly's sentence could be shortened if he behaves in prison over the next year. He said he and his client felt the blind plea with the judge gave his client a better shot at a shorter sentence than if they had gone in front of a jury.
Kelly faced five years to life in prison for the rape.
2NEWS reporter Max Resnik is in Wagoner County Friday following this case. Stay with KJRH.com and 2NEWS at 6 p.m. for updates.
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