, Muskogee, OK

Local News

March 23, 2013

Man pleads guilty to sex with girl, 12

Wagoner County judge imposes 30-year term, with review later

— A Wagoner County man pleaded guilty Friday in Wagoner County District Court to having sex with a 12-year-old girl.

Jacob Dean Kelly, who was charged with first-degree rape of a victim under the age of 14, received a 30-year sentence from District Judge Darrell Shepherd — with one caveat. Kelly, 21, has a pending lewd molestation case in Mayes County. Shepherd set a judicial review for March 2014, said a prosecutor, Stephanie Milburn.

Milburn, an assistant district attorney in District 27, said the judge “said he wanted to see the outcome of his pending case,” referring to Kelly. “He said it doesn’t mean there will be a sentence modification, just that he’ll review it at that time.”

Assistant District Attorney Brett Chapman said Kelly admitted to having sex in 2012 with the girl inside a van.

Chapman said Kelly had met the girl earlier in the day of March 31, 2012, while she was with friends. They met again later that night, and Kelly, his friend and the group of girls shared alcohol in the van.

“The other friends left, but these two stayed behind,” Chapman said, referring to Kelly and the girl. “He had apparently given her some kind of compliment, on her appearance or whatever, and at this point asked her if she wanted to (have sex) and she said yes.”

Kelly, who was represented by former Muskogee County Assistant District Attorney Gary Huggins, told prosecutors that he believed the girl was 15, not 12.

“He readily admitted that he did it,” Chapman said.

Kelly was free on $25,000 bond in Mayes County on the lewd molestation charge when he had sex with the Wagoner County girl. His case there is pending, having been stricken from five felony jury dockets.

First-degree rape is an 85 percent crime, meaning Kelly will have to serve 85 percent of the 30 years — 25 1/2 years — before he will be eligible for parole.

Kelly has 10 days for his attorney to file a motion to ask to withdraw his guilty plea.

Reach Dylan Goforth at (918) 684-2903 or

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