Rape and sexual assault charges against a McKeesport home health care provider were dismissed Monday when prosecutors said his accuser did not want to testify at trial.
Roy L. Marks Sr., 68, was charged in 2018 with multiple sex charges that include rape, involuntary deviate sexual intercourse and neglect of care of a dependent person after police received a complaint from a then 28-year-old Greensburg woman who claimed a home health care worker entered her apartment without permission and forced her to have sex.
On Monday, just before jury selection was to begin in his trial, Marks pleaded no contest to an amended misdemeanor harassment count as prosecutors agreed to dismiss the eight other serious offenses.
‘“A trial would have been quite an ordeal for the victim, both physically and emotionally,” said Assistant District Attorney John Petrush. “The victim preferred not to go through a trial.”
Defense attorney Wendy Williams said Marks denied having any sexual relationship with is accuser and said the prosecution’s evidence would not have supported the criminal charges. Marks opted to plead no contest to the lesser charge to ensure he received no additional jail time in the case.
Marks served more than nine months in jail after he was arrested in 2018. Westmoreland County Common Pleas Court Judge Christopher Feliciani sentenced Marks on Monday to serve six months to one year in prison, gave him credit for time served behind bars prior to his release on bail in early 2019 and ordered he be immediately paroled.
Marks agreed to repay the state police crime lab more than $10,500 to cover expenses during the investigation.
“He had taken care of this person for 15 years and never would have done anything,” Williams said.
