Man gets 3-year term for sexual imposition

The Youngstown man got into bed with his girlfriend's 9-year-old daughter.
By DAVID SKOLNICK
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A judge sentenced a 36-year-old city man to three years in a state prison on a gross sexual imposition conviction even though the Mahoning County Prosecutor's Office recommended probation.
Judge James C. Evans ordered Michael D. Ryser of Hilton Avenue to the three-year sentence Friday. The Ohio Adult Parole Authority had recommended prison for Ryser in a pre-sentencing report.
Besides the prosecutor's office, the family of Ryser's victim also recommended he receive three years' probation.
Ryser pleaded guilty in July to the felony count. After the plea, Judge Evans ordered a background check before he imposed a sentence.
Dennis DiMartino, Ryser's attorney, and Assistant Prosecutor Dawn Krueger said Ryser got into bed with his live-in girlfriend's 9-year-old daughter on March 15. Ryser, naked at the time, got on top of the girl, who was lying on her stomach and dressed, and began making sexual movements, Krueger said.
Ryser doesn't remember the episode because he had taken some of his girlfriend's prescription, anti-seizure medicine to help him sleep and had a severe adverse reaction to it, DiMartino said.
Ryser said in court that he has no memory of the episode, but apologized for it, and said he shouldn't have taken the prescription medication.
Alcoholism
Ryser has battled an addiction to alcohol and has voluntarily checked himself into treatment centers for it three times, DiMartino said. The attorney said the parole authority never checked with any of the centers, and never interviewed Ryser.
DiMartino said the authority visited Ryser in the county jail, but the Youngstown man wanted to first consult with his attorney before talking to them. The authority never followed up with Ryser, DiMartino said.
"He was given a chance to talk and he declined," said JoEllen Lyons, spokeswoman for the Ohio Adult Parole Authority. Lyons also said Ryser didn't request that the authority return when his lawyer was present.
Judge Evans can review the case after six months.
The judge also classified Ryser as a sex offender, and said when he is released from prison, the Youngstown man must register as a sex offender with the sheriff in the county in which he resides.
Judge Evans said even if Ryser had no control over himself after taking the medication, he knew that he shouldn't have taken the prescription drugs and is liable for whatever he did by making a poor choice.
Ryser could have faced up to five years in prison for the conviction.
skolnick@vindy.com