LIMA — Allen County Assistant Prosecuting Attorney Terri Kohlrieser on Friday offered a plea deal to a 21-year-old Lima man charged with rape. That offer was not immediately accepted but negotiations will continue, the attorneys involved agreed.
Cody Fuller appeared before Judge David Cheney Friday morning for a scheduled pre-trial conference. Fuller was indicted by a grand jury last year on charges of rape, a first-degree felony, and sexual battery, a felony of the third degree. Police said the unwanted sexual encounter with a woman occurred at a Lima residence. Fuller has entered pleas of not guilty to the charges.
Kohlrieser said she had spoke “at length” with the female victim in the case and offered to dismiss the rape charge in exchange for a guilty plea by Fuller to the sexual battery charge, which carries a maximum sentence of five years in prison.
According to court documents, the woman in the case walked from her home to Fuller’s house at 807 Maplewood Drive on the night of July 16. The woman reportedly spent time with the defendant and his father that evening and then elected to spend the night, as she had done on previous occasions. During the night, the woman told police officers she awoke to find her pants had been removed, with Fuller on top of her and penetrating her sexually.
Fuller told police officials the sex was consensual.