Facing a possible 10-year sentence
Remains in custody
Believed victim and defendant romantically involved
Officers from the Breathitt Sheriff’s Department and the Kentucky State Police responded to a residence on August 25, 2021 where a reported assault had taken place. The nature of the report was there had been a stabbing with multiple wounds.
Upon arrival, the officers found John Wilson, age 50, and a woman who’s identity has been withheld. The woman had sustained multiple injuries from having been stabbed a number of times about her head and sexually assaulted.
Police indicated the woman was attempting to leave the residence believed to be that of Mr. Wilson and that Mr. Wilson attempted to stop her. The woman pulled out some paper spray and sprayed it into the face and eyes of the accused.
Mr. Wilson then stabbed the woman in the head several times with a knife and, according to a statement the victim gave police, Wilson thereafter pushed her against a wall and sexually assaulted her. Wilson is in custody at the Kentucky River Regional Jail in Hazard, Kentucky charged with sexual abuse in the first degree and assault in the second degree (Domestic Violence).
According to information accessed online, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact by forcible compulsion. KRS §510.110(1)(A). According to the same statute, the defendant, under the circumstances above set forth, has potentially committed a Class D felony unless the victim is less than 12, in which case it is a Class C felony.
The victim’s age was not released in police reports. We have no reason to believe she was a minor as that information would have probably been included in the report of this event were she so.
Additionally accessed online, a person is guilty of assault in the second degree (Domestic Violence) when he or she intentionally causes serious physical injury to another person; or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument. KRS §508.020(1)(a)(b). Assault in the second degree is a Class C felony under KRS §508.020(2).
The fact of its having been a domestic assault likely acts as an enhancement at sentencing in some way. However, we were unable to find, through our research, what, if any impact, is the effect of an assault being categorized as a domestic.
A Class D felony in Kentucky is punishable with a prison sentence from one (1) to five (5) years incarceration. A Class C felony is punishable in Kentucky with a prison sentence from five (5) to ten (10) years incarceration.
People are reminded one charged with an offense is presumed to be innocent. This presumption remains until such time as he either pleads guilty to the offense, or upon a plea of not guilty, a jury of his peers can be sworn and impaneled and the matter tried until a verdict is reached.
Proof of the commission of a criminal offense sufficient to support a conviction has to be beyond a reasonable doubt. The accused is entitled, by law, to be presumed innocent of any charges until such time as the matter can be joined for trial and the jury retires to deliberate its verdict. All people accused of crimes are both afforded and entitled to an opportunity to confront the government’s case.