WARREN - A Trumbull County Common Pleas Court jury is expected to start deliberations later today after hearing closing arguments and final instructions in the case of the 29-year-old Warren man who is accused of repeatedly molesting a 10-year-old boy he was baby-sitting.
One charge the panel of six men and six women will not have to consider is a fourth-degree felony charge of disseminating pornography, which assistant county prosecutor Gabe Wildman agreed to dismiss.
James M. Plevyak of Idylwild Street still faces four counts of gross sexual imposition that each have maximum penalties of five years behind bars. But since alleged pornographic photos on his cell phone were never retrieved or preserved as evidence, Wildman said he will dismiss the fifth and final count.
Plevyak didn't testify on his own behalf Thursday.
Wildman finished off his case with testimony from Lt. Dan Adkins of the Niles Police Department, who taped his interview with Plevyak. On the tape, Plevyak only admitted to bathing the 10-year-old boy, but without any inappropriate touching.
Adkins' tape had to be edited so jurors are not able to hear certain parts of the conversation that dealt with Plevyak serving 18 months and getting a bad conduct discharge from the Navy after a court-martial dealing with pornography charges.
Plevyak was discharged from the military in April 2010 two months before the time frame laid out in the indictments when the boy, now 12 years old and living in Youngstown, says he was molested in the bathroom of his home and Plevyak's home. The boy also says Plevyak exposed himself to him.
Plevyak's attorney, Brendan Keating, called the defendant's mother, Sandra Plevyak, as the only defense witness. The woman said her son would baby-sit the boy and his brother with her.
''(The boy) and Jim were buddies. They played Xbox together. He called him Uncle Jimmy,'' she said. ''We took him to festivals and Cedar Point.''
She said the boy required a bath or shower since he smelled bad. She also said the boy walked in on her and her son at different times while they were dressing or bathing at their own home, which she said explains the claim Plevyak exposing himself.
''Don't you think it was a little strange that this 27- or 28-year-old man wanted to spend so much time with a 10-year-old boy?'' Wildman asked Mrs. Plevyak, who never gave a clear answer to the question.
Wildman said some of the acts occurred at the defendant's home but most occurred at the West Park Avenue, Niles, home where the boy lived with his mother, grandfather and a brother.
The boy's grandfather dated Plevyak's mother and they and Plevyak baby-sat the two boys while the defendant's mother worked waiting tables in the evening.