Attempted rape yields prison time for Aberdeen man

An Aberdeen man who went into a woman’s home and attempted to rape her has been sent to prison.

Julian W. Blacksmith, 22, previously pleaded guilty to attempted rape, a felony. He was sentenced to 15 years in prison with five years suspended and was ordered to pay $149 in fines and fees. He must make restitution to the victim for any counseling expenses, follow through with any recommendations resulting from a psychosexual evaluation and register as a sex offender.

The charge stems from an incident on July 16. Chris White, chief deputy state’s attorney for Brown County, said Blacksmith entered the woman’s house, went into her bedroom and held her down with the intent of raping her. The woman got away, White said, when Blacksmith let her up to go into the bathroom and get her contacts. The woman then ran downstairs and got help, White said.

According to the factual basis filed in the case, Blacksmith said he does not remember the night’s events.

White said that prosecutors requested that Blacksmith be sentenced to 20 years in prison. In exchange for his guilty plea, other charges were dismissed.

In other court news:

• Daniel “Danny” E. Webb, 36, of Aberdeen pleaded guilty to one felony count of aggravated assault and one misdemeanor count of simple assault. The charges stem from Webb punching two men in unrelated incidents, White said.

In the felony case, which involved Webb punching another man outside in the 100 block of South Main Street in October 2014, Webb was sentenced to 155 days in prison and given credit for 65 days served. He must also spend six years on probation and pay $1,104 in fines and fees as well as any medical expenses for the victim. White said Webb broke the other man’s jaw when he punched him.

Webb was granted a suspended imposition of sentence. That means the incident won’t go on his record if he follows probation rules. White said that prosecutors requested 10 years in prison with four suspended.

The misdemeanor case stems from Webb sucker-punching a man at Rohly’s Bar in August 2014, White said. He said the victim fell and hit his head. In that case, Webb was sentenced to 180 days in jail with all but 30 suspended and fined $485. He was also ordered to make restitution, complete anger management and spend a year on probation. During that time, he was not supposed to go into bars.

When Webb pleaded guilty to aggravated assault, it amounted to a violation of the terms of his misdemeanor probation.

• Amber J. Fischbach, 31, of Groton faces two felony counts of child abuse and two alternate misdemeanor counts of contributing to the abuse and neglect of a child, according to court paperwork.

White said the charges were filed because Fischbach was not properly supervising the children. They were across the street playing at a park while she was sleeping, he said.

A person facing alternate counts can only be convicted of one charge or the other, not both. Fischbach’s next court date is set for Thursday.

Upcoming court dates for other cases of note include:

• May 22: An initial appearance for Jared Huber, 45, of Aberdeen who is charged with felony burglary stemming from a weekend break-in at Simmons Middle School. He has been released on a personal recognizance bond, according to court officials.

• May 28: A motions hearing for John E. Hemminger, 33, of Aberdeen, who is charged with murder in the January stabbing death of Jessica Goebel.

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