Austin Dennis 1
24-year-old National Guardsman Austin Dennis [photo] has opted for trial on charges of first-degree sodomy. He faces being sentenced 10 to 20 years if convicted
Three of the four National Guard soldiers accused of a sex attack on a woman who claims she was raped in a Kentucky hotel room have admitted sexual misconduct charges.
Anthony Tubolino, 28, Tyler Hart, 22, and Jacob Ruth, 24, were originally facing more serious charges but have now accepted plea deals that will limit their sentences to 12 months each.
The fourth defendant Austin Dennis, 24, denies first-degree sodomy and is set to stand trial in May.
The four soldiers were arrested in Calloway County in June 2017 when a woman aged between 18 and 21 accused them of supplying her with alcohol and then sexually assaulting her.
The According to the arrest warranT: ‘The victim was provided alcohol and was then sexually assaulted by these four suspects.’
Tubolino, of Auburn, was originally charged with first-degree rape, first-degree sodomy and unlawful transaction with a minor, as well as driving under the influence as he tried to leave the county.
The rape and sodomy charges were amended to sexual misconduct, while the unlawful transaction charge and the DUI remain, the local Murray Ledger and Times newspaper reported.
Tubolino had been in the military for eight years and had seen active duty deployment at Camp Victory in Baghdad, Iraq, according to his lawyer.
He now works in the security department for a private company.
Anthony Tubolino (left) and Jacob Ruth (right) 2Caged for twelve months: US National Guardsmen Anthony Tubolino [left], 28, and Jacob Ruth [right], 24, have accepted plea bargains the case accusing them of gang raping a Kentucky woman, admitting to sexual assault instead of rape and sodomy for the reduced jail time of twelve months
Tyler Hart of Bowling Green, was originally charged with first-degree sodomy and first-degree sexual abuse, but pled down to two counts of sexual misconduct.
Ruth, of Munfordville, was initially charged with first-degree sodomy and also pled guilty to sexual misconduct.
A circuit judge will formally sentence the men in April.
Calloway Commonwealth’s Attorney Dennis Foust defended the plea deals after they were agreed on Tuesday.
He said: ‘We want to put forward our best efforts for our victims in cases like this, but sometimes, this is what you have to do in order to get any kind of resolution.
‘At least now, we know what we’re going to have here.’
Foust added that Dennis, of Munfordville, faced a possible sentence of ‘between 10 and 20 years’ if found guilty.
The soldiers had been in Calloway County for training drills in preparation for the 438th Military Police Company’s annual training, according to a Kentucky National Guard statement at the time.