photo by: Mackenzie Clark

Jordan K. Ross sits with his defense attorneys, Sarah Swain, left, and Cooper Overstreet, right, after the judge reads the jury's guilty verdict in Ross' rape trial Monday, Nov. 4, 2019, in Douglas County District Court.

Sentencing was delayed for a Topeka man facing more than a decade in prison as his attorney is requesting that he receive probation or a reduced sentence.

Jordan K. Ross, 22, was scheduled to be sentenced Friday in Douglas County District Court. However, his defense attorney, Cooper Overstreet, said in a motion filed Dec. 13 that Ross is “an ideal candidate” for probation or a reduced sentence.

A jury on Nov. 4 found Ross guilty of raping a then-15-year-old girl at a Lawrence house party in August 2017. The girl testified that she blacked out and woke up to Ross taking her pants off and then raping her.

A presentence investigation found that Ross has no criminal history that would lengthen his sentence. Under state guidelines by which judges are bound, however, unless there is substantial and compelling reason to depart, the high-severity felony is punishable by a standard sentence of almost 13 years in prison.

On Friday, Overstreet asked Gregory Nawalanic, clinical psychology director for the University of Kansas Health System’s Strawberry Hill Campus, to testify in support of the motion. Nawalanic was formerly the director of behavioral health at Lansing Correctional Facility. He has evaluated inmates for their likelihood to reoffend.

Among his findings, Nawalanic said Ross had an individualized education plan during school, and he had been diagnosed with bipolar disorder. However, he said that diagnosis could be a “catch-all” for a number of behaviors in young people, and he did not believe Ross had experienced any manic episodes. Instead, Nawalanic said Ross better fit a major depression diagnosis. He said he did not find any traits of psychopathy or personality disorders in Ross.

In the motion, Overstreet cites Nawalanic’s report in saying Ross’ Inventory of Offender Risks, Needs and Strengths, or IRONS, assessment puts Ross in the ninth percentile compared with a normative sample of sex offenders, “indicating a very low risk of recidivism.”

When Overstreet asked whether he thought Ross would do well on probation, Nawalanic said “he would thrive in that environment. … The more structure, the better.”

Among others, Overstreet lists in the motion Ross’ very strong relationship with his mother, likelihood that his immaturity at the time contributed to his offense and his good behavior while he was out of custody on bond as factors that make Ross a good candidate for departure. Nawalanic also noted at the hearing Ross’ strong family support.

Senior Assistant District Attorney Alice Walker asked to continue the sentencing so that she could have time to review Nawalanic’s report, which she received Thursday. She said she intended to cross-examine him, as well. The hearing was continued to Jan. 7.