Man Accused Of Enticing Children Pleads 'No Contest'

Kevin Gallagher was sentenced to 360 days in Lake County Jail

Kevin Gallagher -- the Mentor man who is suspected of trying to lure a group of children into the woods and threatening to sexually assault one of them -- pleaded no contest to charges of aggravated menacing and enticing children Monday morning in Mentor Municipal Court.

A no-contest plea is when a defendant neither admits nor disputes a charge.

Judge John Trebets found Gallagher guilty and sentenced him to 360 days in Lake County Jail -- the most he could give him.

However, Gallagher will receive credit for the 71 days he has already served since he was arrested July 13. That means he still has 289 days left to serve in jail.

Gallagher, 53, of Mentor, will also continue to receive counseling as part of his sentence.

Gallagher was arrested in July when four children, ranging in age from six to 10, were playing near a wooded area on Noble Court in the Western Reserve condos.

Gallagher was in the woods. He told the children he was looking for his cell phone and asked for their help, police said.

The kids agreed. Then Gallagher suggested they split up to cover more ground. He took one 8-year-old boy with him while the other kids looked elsewhere.

The boy urinated while in the woods and Gallagher watched him, police said. Then Gallagher took off his shirt and began to take off his pants.

The boy later told police that Gallagher threatened to rape him, police said. However, Gallagher told police that he told the child he wasn't going to rape him.

Meanwhile, the mother of two of the children noticed the kids had left the hose on. She went outside and called for the kids, including the 8-year-old boy.

They all ran back to the woman and told her what had happened. She called police who later found Gallagher at a friend's nearby house and arrested him.

As part of his sentence, Gallagher has been ordered to stay away from the children.

chuck d October 03, 2012 at 03:10 AM
having followed this case and giving the benefit of the doubt,, I don't understand why he was given a sentence, let alone the maximum sentence when it wasn't proven he INTENDED to do harm. If no contest, what was the evidence held against him ?
Stephanie Brown October 03, 2012 at 07:24 PM
One disadvantage of a no contest plea is that it carries the same legal effect as a conviction for sentencing purposes. Though a defendant may hope for leniency during sentencing for saving the court the time and costs of a trial or because of a bargain worked out with the prosecutors, the full range of penalties remain available to the court for the given crime. Thus, a defendant risks receiving the same punishment without the opportunity to offer a defense or a chance for an acquittal from a jury.
chuck d October 03, 2012 at 08:00 PM
UPDATE FOLKS !!! THIS MAN WAS NOT CONVICTED AND IS NOT SERVING A JAIL TERM AS THIS AUTHOR VERY WRONGLY REPORTED. HE was charged with menacing and enticing ( not sexual intent ) and will be on probation and require counseling. Kevin is mentally challenged. THIS AUTHOR reported WRONG and has caused a great deal of unrest and upset many friends and family. MR. JASON LEA here should REPLY and RETRACT with explanation. We'll see,,,,,, CHUCK D
Jason Lea October 05, 2012 at 09:48 AM
He was convicted and sentenced to jail. http://www.mentormunicipalcourt.org/cgi-bin/mdocket.cgi?pre=CRB&num=1201045&sub=A&type=CR&acc= I don't know where you're getting your information.
chuck d October 06, 2012 at 04:38 AM
!ST DEGREE misdemeanor, he is released on OCT. 9 with probation,counseling and 90 day monitoring. He made a bad , mistaken decision. But, no intent to hurt or RAPE a kid, no intention to physically or emotionally hurt a child.


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