November 22, 2001
Former 'Berg student pleads guilty to sexual battery
By Ryan Good
Staff Writer
The second of two former Heidelberg students pleaded guilty Wednesday to reduced charges stemming from a videotaped sexual assault.
Nelson J. Pixler, 20, Defiance, entered a guilty plea to three counts of complicity to sexual battery. He appeared in front of Judge Michael P. Kelbley with a full enclave of sheriff's deputies and Tiffin Police Officers present for security.
The sentence recommendation agreed upon was four years on each count, to be served concurrently. He is to be sentenced after the completion of a pre-sentence report, expected in a couple of weeks.
"I first want to apologize to the family. She was in no way responsible," Pixler said in court after signing the plea. "I had consumed more alcohol that evening than I could handle."
The victim's family, which had been sitting quietly in the gallery of the courtroom, erupted after hearing Pixler read the statement in a monotone voice.
"You raped me," the victim shouted.
"We don't accept your plea, we hope you rot in jail," the victim's mother shouted at the same time.
The victim's family was not happy with the agreed plea deal.
"The family has been through a lot," said County Prosecutor Ken Egbert Jr. after the hearing "They obviously wanted to see as much punishment as possible."
Egbert and Pixler's attorney, Dean Henry, are glad to see some closure brought to the case that has been pending for over two years.
"The stress and pressure of a case like this is overwhelming ... it was time to bring the matter to a close," Henry said afterward. "I will be glad when it's over for my client and his family and for the victim and her family."
"I'm glad he's taken responsibility," Egbert said, "This should send a message to other college students that they will be held accountable for sexual assaults."
Both sides were negotiating the plea as late as Tuesday.
"We finalized the offer yesterday (Tuesday). We had an absolute meeting of the minds and it was agreed upon," Henry said.
Pixler was originally indicted by a Seneca County grand jury of three counts of complicity to rape and complicity to sexual battery stemming from the Nov. 11, 1999, incident at King Hall West, 251 Main St. A second student involved, Nicholas Klingler, 21, Ashville, was charged with three counts of rape and sexual battery for the incident.
Klingler entered a negotiated plea of guilty to three counts of sexual battery and was sentenced by Kelbley to four years in prison. His remaining charges were dropped.
Egbert said Wednesday it is important to note that Klingler and Pixler were equally "held as criminally responsible" for the incident.
Pixler was then re-indicted in March and had one count each of rape and sexual battery added to the list of charges for alleged sexual contact he had with the victim after the video camera was shut off. Those remaining charges were also dropped on the condition that he pay $5,000 in restitution to the victim.
According to court documents, the woman told police that she had been drinking and spending time in various rooms while visiting a friend at the college. She told police she went to sleep in a room and didn't consent to any sexual activity.
Klingler and Pixler were accused of making the videotape while the victim was asleep. The video shows Klingler performing sex acts on the naked woman, court documents show.
Klingler, a football player, and Pixler, a wrestler, were expelled from the college two days after the incident.
The maximum Pixler faces on the three third-degree felonies he plead to was five years in prison. Under terms of the agreement, he cannot file for judicial release from prison for one year, instead of the standard six months. The plea agreement also asks that he be ruled a sexually oriented offender, the least restrictive of three classifications under Ohio's sex offender laws.
He also agreed to waive his recognizance bond and is now being held in the Seneca County Jail until he is sentenced.
Sobs could be heard in the courtroom as Pixler, with no emotion on his face, held out his hands to be handcuffed and then lead away by a sheriff's deputy.