MANSFIELD — Bryce Witchey’s attempt to have sex with an 8-year-old girl makes him more of a risk to society than someone simply possessing a pornographic image.
That was one of the reasons Richland County Common Pleas Court Judge Brent Robinson cited Monday afternoon in sentencing the 29-year-old Mansfield man to a prison term longer than that recommended by the prosecuting and defense attorneys.
On July 31, attorneys from both sides recommended 12 years behind bars for Witchey when he chose to plead guilty to 31 felony counts, including attempted sexual importuning when he chatted with a woman via social media and sought sex with her 8-year-old daughter.
Robinson — who cautioned Witchey when he changed his plea to guilty on all charges that he was not bound by the recommendation — instead ordered the man to serve 19.5 to 23.5 years in state prison.
Witchey had been charged on 31 counts, including illegal use of a minor or impaired person in nudity-oriented material or performance and the single count of attempted sexual importuning.
Does the importuning effort make worse Witchey’s possession of a pornographic image of a child having sex with an adult and other images of juveniles in various states of nudity?
“The answer to that is an emphatic yes, because he went and tried to actually arrange to have sex with an 8-year-old child,” Robinson said.
“So not only does he possess these images … he actually then reaches out to the mother of an 8-year-old child and tries to convince her that she should let him engage in sexual conduct with her.
“That means he is a greater risk and the charges are more serious,” Robinson said.
Witchey, who has been in the Richland County Jail since his arrest in June 2024, offered a brief statement before he was sentenced.
“Your Honor, I take full responsibility for my actions,” Witchey said.
Witchey’s parents, Steve and Carol Witchey, were in court for the sentencing. Steve Witchey read a prepared statement, seeking leniency for his son.
Witchey said his son has suffered “from something … that has been heartbreaking.”
Witchey had previously entered a plea of not guilty by reason of insanity, which was later withdrawn and he was found competent to stand trial.
“We tried to find help and relief for (him), but never got any answers,” said the elder Witchey, who described his son as “a quiet, shy person since an early age.”
“He did excel at school and college, but was timid and anxious, which made it hard for him to find friends and fit in. He had a few friends in school, but after some college, that dwindled off, and eventually he was left with no one to spend time with outside of our family,” Steve Witchey said.
“Bryce would never confront or physically and/or verbally attack a person face-to-face. In a day-to-day setting, he is completely opposite from his online persona,” Steve Witchey said.
“We fully believe in his capabilities to be a productive, helpful person in society. We pray that you’ll grant him the help he desperately needs. We are deeply sorry for the concerns he has caused others. We’ve never wanted this for them or for him,” Steve Witchey said.
Defense attorney Bernie Davis said his client has struggled with mental illness, adding Witchey has no prior criminal record as juvenile or adult.
“He’s lived with his parents. He had a (driver’s) license, but he hasn’t driven for several years. He’s basically a recluse. He’s lived his life of fantasy on a cell phone and computer,” Davis said.
“He has annoyed and offended a lot of people in this community. That is absolutely true. We acknowledge that. What I would say to the court is to give no weight to the outside noise.
“We’re all familiar with (the case), there’s been a lot of clamor from the community. But he’s not charged with that. That’s not why we’re here,” Davis said.
Jamie Akers, a victim’s advocate in the prosecutor’s office, read a statement from a 16-year-old victim in the case.
“I believe his actions pose a danger to others and I feel he needs to be held accountable,” Akers said in reading the statement.
“This crime has deeply affected me and my family in several ways. I’m scared to be around people and go out in public, especially big crowds, to answer the phone calls or the door when I’m home alone,” Akers read.
“I feel like my privacy was invaded and I feel embarrassed. I feel alone and misunderstood. I have a hard time trusting people because I think they have this secret motive to hurt me,” Akers said in reading the victim’s statement.
After the hearing, Richland County Prosecutor Jodie Schumacher praised the woman who contacted Mansfield police in June 2024 when Witchey was trying to convince her to let him have sex with her daughter.
“(One of the) real heroes in this case is the mother of the 8-year-old, who took that step … like many don’t … (she) called the police, so they were able to investigate in a timely manner,” Schumacher said.
Witchey was arrested just hours after the woman called the MPD.
The prosecutor acknowledged there had been complaints and suspicions in the community around Witchey and his online activity.
“I understand the community’s uproar. They have good standing … the basis for their concerns … because it was outrageous comments. It was outrageous behaviors, but is it illegal? Is it criminal?
“It was frustrating for the (State of Ohio). We had this information but we really couldn’t do anything with it,” Schumacher said.
The prosecutor didn’t say she was surprised to see Robinson punish Witchey more than the recommended sentence.
“It’s certainly within the realm of possibilities. Both sides, we can provide a recommendation to the court. The court’s well within (its) rights (to differ from the recommendation).
“Did we anticipate it? I don’t know that that was anticipated, but we support the court’s decision,” Schumacher said.
In his change of plea at the end of July, Witchey pleaded guilty to all 31 felony counts filed against him more than a year ago.
The 29-year-old Mansfield man entered guilty pleas to 30 counts of illegal use of a minor or impaired person in nudity-oriented material or performance. Witchey also pleaded guilty to a single count of attempted importuning.
Witchey was initially arrested June 14, 2024, by Mansfield police. He was later indicted in August 2024 by a county grand jury on the 31 charges.
Fifteen of the other 30 counts against Witchey were second-degree felonies, while 15 others were fifth-degree felonies.
Prosecutors say the alleged crimes happened between April 2023 and June 2024.
His criminal trial was originally scheduled for Sept. 22 after it was delayed at the request of Davis. Witchey has been behind bars for more than a year and will get credit for time served in the county jail.
Robinson designated Witchey as a Tier II sex offender under state law. In Ohio, a Tier II sex offender is a convicted individual who faces moderate risk of re-offending and must register every 180 days for a period of 25 years.
