UNOH student pleads to sexual battery; rape charge dropped
Oct. 7—LIMA — A University of Northwestern Ohio student from Tennessee pleaded guilty Wednesday in Allen County Common Pleas Court to a third-degree felony charge of sexual battery in exchange for prosecutors' dismissal of a single count of rape.
Preston Cox, 20, faces up to five years behind bars when he is sentenced Jan. 3.
Cox was indicted by a grand jury in February on the sexual battery charge and the following month the grand jury added the first-degree rape charge. The indictment alleges that on or about Oct. 3, 2020, Cox did engage in sexual conduct with another by force or through the threat of force. The sexual battery charge was a result of the same conduct in the same incident.
Following his plea, Cox was released on an own-recognizance bond and will be allowed to return to Tennessee.
Dayton attorney Christopher Bucio last month filed a motion to suppress statements made by his client to police, alleging that Cox was not read his Miranda rights before answering questions posed to him by Detective Sean Neidemire of the Lima Police Department.
Prosecutors admitted that the detective did not advise Cox of his right to remain silent but said Neidemire made it clear that Cox was not under arrest, would not be placed under arrest after questioning and was free to stop the interview and leave at any point in the conversation.
"Therefore the defendant was not in custody during the interview and Neidemire was not required to inform him of his Miranda rights prior to any questioning," prosecutors wrote.
