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Detention center supervisor avoids prison time for sexual battery

A veteran Marine with an unblemished record was placed on community control for three years Tuesday for having sex with a participant in the Lucas County Work Release Program where he was employed as a shift supervisor.

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Wesley McClellan Kincaid confers with attorney Jerome Phillips during his arraignment in Lucas County Common Pleas Court Tuesday, April 17, 2018 in Toledo.

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Wesley McClellan-Kincaid, 32, of the 3700 block of Linden Green Drive also was ordered by Lucas County Common Pleas Judge Myron Duhart to spend 60 days on electronic monitoring and complete a sex offender program through the Lucas County Adult Probation Department.

“Mr. Kincaid, a great deal of trust was put into you, and with great trust comes great expectations,” the judge said. “Quite frankly, I have no idea. I mean what were you thinking?”

“I wasn't,” McClellan-Kincaid replied.

McClellan-Kincaid entered an Alford plea — not admitting guilt — to one count of sexual battery. Three additional counts were dismissed as part of a plea agreement.

Defense attorney Jerome Phillips told the court McClellan-Kincaid served two tours of duty in the Middle East, was honorably discharged, and had no criminal record as a juvenile or adult. Mr. Phillips called the consensual sexual encounters “a crime of opportunity.”

McClellan-Kincaid resigned Dec. 13, and Mr. Phillips said his client would never be in the position of having authority over inmates again.

For his part, McClellan-Kincaid told the court he took full responsibility for his behavior.

“It has put a strain on everything on my life — family, otherwise,” he said. “I don't really know what to say. It's just shocking to me. I'm disappointed with myself actually.”

It was the second such situation with a county employee in recent years.

Last year, then-Lucas County Probation Officer Angela Kimball pleaded guilty to one count of sexual battery for having sex with a male client. Kimball, who was fired, also was placed on community control for three years and ordered to complete a sex offender program.

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