A Douglas County judge Friday morning ordered a 22-year-old Lawrence man to serve a 32-month prison sentence for an aggravated sexual battery conviction in connection with an April 2010 incident at a Lawrence apartment.
District Judge Peggy Kittel denied a request from Denzel Stephon Daniels to serve probation. Kittel said Daniels had already received leniency in the case because he was allowed to plead no contest to a reduced charge. Prosecutors initially charged him with rape and aggravated burglary.
During a preliminary hearing last year, a 20-year-old woman testified she was intoxicated early on April 24, 2010, and alleged she woke up the next morning to Daniels sexually assaulting her. The woman testified she had blacked out and last remembered one of her friends helping her to the couch after giving her a ride home.
The woman and Daniels were acquaintances, and they were at the same bar that night. She testified she didn’t know how he got into her apartment at Campus Court at Naismith Apartments, 1301 W. 24th St. A friend had testified she did not lock the victim’s door after dropping her off.
“(The victim) did want me to tell you that she has been through a lot since this happened,” Amy McGowan, a chief assistant district attorney, told Kittel on Friday.
Defense attorney Jason Billam had asked for probation, arguing Daniels had expressed remorse and shown good behavior while out on bond.
“I want to apologize to everybody and let you know that I’m really not that type of person,” Daniels said in remarks to Kittel. “And I would like to prove myself. I will do anything to prove myself.”
But Kittel cited the fact that Daniels was on probation at the time of the crime and the nature of the offense. She ordered him to concurrently serve 12 months for violating his earlier probation term for a misdemeanor marijuana possession conviction.