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Boyers man given up to 35-year prison sentence in indecent assault case

Shawn Berkstresser verbally lashed out at the criminal justice system, state police and the young women who testified against him in his sexual assault trial Tuesday, July 22, before he was sentenced to serve 6.25 to 35 years in prison for improperly touching the four women over a five-year period.

The sentence exceeded four to 20 year sentence prosecutors were seeking.

Berkstresser, 54, of Boyers, was sentenced on 12 felony, misdemeanor and summary charges after a jury convicted him in a four day trial in March. In addition, he was found to be a tier three sex offender under Megan’s Law and will be required to register with state police for the rest of his life.

Three of the women were minors and one was 18 years old when the inappropriate contact took place between 2017 and 2022, according to testimony from the trial.

Common Pleas Court Judge Joseph Kubit imposed the sentence after one of the women gave a victim impact statement and Berkstresser read his admonishing remarks. A second victim impact statement was read by assistant district attorney Laura Pitchford, who prosecuted the case.

“Empty words on paper,” is how Berkstresser described justice. The verdict was a “visceral reaction” that had nothing to do with the case and police had no evidence to corroborate the charges, he said.

He said the women lied about drinking, stealing, losing their virginity and having sex, and their testimony was “typical teenage lies.”

He stopped there when Pitchford objected, saying he was insulting the victims.

When he continued, Berkstresser said his only consolation has been praying and ministering other inmates in the county prison.

He said he “steadfastly” maintains that he is innocent and vowed to fight to clear his name.

The woman who spoke said she trusted Berkstresser and felt guilt and shame about the nearly daily abuse before she spoke up about it.

She said she doesn’t wish for harm or revenge against him, even though he called her and the other women “spiteful, vindictive liars” in court.

In the statement Pitchford read, another one of the women said Berkstresser abused her and the others for five years and she feels terror when she sees something that reminds her of him.

She said what Berkstresser did was evil and manipulative, and she and the other women deserve peace, safety and freedom.

“This is going to stick with them for the rest of their lives,” she said.

Defense attorney Nina Martinelli asked for a sentence combining house arrest and probation, or for Berkstresser to serve a prison sentence in the county jail. Sentencing guidelines that came out after the trial call for probation for each charge, she said.

Berkstresser had no previous criminal history, was honorably discharged from the Navy and was not found to be a sexually violent predator, Martinelli said. He had no contact with the victims while he was free on bond during the two-and-a-half years it took for the case to come to trial. Eight family members and friends submitted character statements, she said.

He maintains his innocence, but also is frustrated because he “doesn’t feel he was heard,” Martinelli said.

Pitchford said a lot of evidence against Berkstresser was presented in the trial and she is frustrated at him for attacking the victims and calling them liars.

She said applying new sentencing guidelines is inappropriate because they were not in place when he was tried.

Kubit said the sentences he ordered for each charge were within the standard range of the older guidelines.

He ordered Berkstresser to consecutively serve 12 to 60 months for each of the felony charges — one count of indecent assault, two counts of corruption of minors and two counts of endangering the welfare of children — and 3 to 24 month sentences for each of the five misdemeanor counts of indecent assault.

He also ordered a concurrent sentence of 3 to 24 months for another misdemeanor charge of indecent assault and no further penalty for a summary charge of harassment.

The sentence included having no contact with the victims and Berkstresser was deemed ineligible for the Recidivism Risk Reduction Incentive program in which nonviolent offenders can reduce their minimum sentences if they complete recommended programming.

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