Murphy – A local man who disputes the rape charges filed against him in 2016 has pled guilty to lesser crimes.
Jonathan Ervan Kisselburg, 37, pled guilty last week to felonious restraint and failure to inform the Cherokee County Sheriff’s Office of online identifiers. A judge sentenced him to serve a minimum of 16 months in prison with a possibility of being incarcerated up to 29 months for each offense.
Kisselburg was given credit for the 15 months he had already spent in jail and the judge suspended his sentence, meaning he won’t have to serve the remaining time in prison as long as he adheres to the conditions of probation during 30 months of supervision.
As part of the plea agreement, prosecutors dismissed three charges: first-degree kidnapping, second-degree rape and submitting info under false pretenses as a sex offender.
In 2003, Kisselburg was convicted of sexual battery in Forsyth County, Ga. He later moved to North Carolina and notified local authorities of his new address. However, Kisselburg never told law enforcement he had a social media account, as sex offenders are required to do by law.
In June 2016, Kisselburg met a woman online using the website MeetMe.com. The pair later met in person at a local gas station.
“He convinced her to get in his vehicle and took off against her will,” assistant district attorney Jim Moore told the court during the plea hearing July 19. He added that Kisselburg “forced sexual contact” with the woman at a property owned by his family.
However, Kisselburg disputes the rape allegation.
“Had this matter gone to trial, Mr. Kisselburg would have argued the sex was consensual,” defense attorney Rich Cassady told the court, while asking for a probationary sentence to allow his client to work and pay court fees.
Prosecutors say the victim in the case approved of the plea bargain.
“I prefer the max sentence, but if not, that’s OK as well,” the victim reportedly wrote in a letter read in court.
Moore said the victim did not ask for restitution and wanted to “put this behind her” because of the trauma she has experienced and the hardships a trial may cause her family, which includes a husband and two kids.