LOGAN — An 18-year-old Millville man has confessed to sexually assaulting a 7-year-old girl while at a friend’s house watching a movie. Joshua A. Powell waived his right to a fair trial and accepted a plea deal, under the condition that he avoid being sent to prison.
Powell appeared in 1st District Court Tuesday morning, appearing by video from the Cache County Jail. As part of the plea agreement, he pleaded guilty to one count of sex abuse of a child, a second-degree felony. Two remaining charges against him were dropped by prosecutors.
Defense attorney Wayne Caldwell explained Powell wished to waive his constitutional rights and accept the plea deal. As part of the agreement, prosecutors said they would recommend the court sentence the defendant to jail and probation instead of prison.
Judge Angela Fonnesbeck accepted the plea agreement. She questioned Powell to make sure he understood the rights he was giving up. She advised that she held the right to sentence him to jail or prison, despite the plea agreement recommendation.
Powell spoke only briefly, telling the court he was aware of the rights he was giving up and the possibility that he could still be sentenced to prison.
On February 15, the victim told investigators that Powell was at her home during a party. He walked into her bedroom while she was in bed, and asked to give her a hug. He then began inappropriately touching her, while kissing and licking her face.
Detectives later interviewed Powell. He admitted that it was “very possible” that he touched the child inappropriately. He also confessed to being aroused while it was taking place.
Powell was ordered to remain in jail and undergo a pre-sentence report, compiled by probation agents about his criminal history. He was scheduled to be sentenced May 19.