Guilty plea surprised Bollinger Co. prosecutor

~ The prosecutor agreed to recommend four years in prison for Hurley Dixon.

It was a move Stephen Gray never expected.

Less than a day before the jury trial of Hurley Dixon was scheduled to begin for the sexual assault of a mentally handicapped woman, the defendant admitted his guilt.

"I never would have thought he would take a plea," said Gray, the prosecuting attorney for Bollinger County.

Dixon, 71, of North Carolina, was accused of sexually assaulting Khanthaly Keopraseut, born in Southeast Asia in 1978, in Marble Hill Bible Chapel, a church where both the victim and her attacker were members. Two other members were charged with similar offenses; one had his charges dismissed, the second pleaded to a misdemeanor charge and was sentenced to 60 days in jail.

On Tuesday, Dixon pleaded guilty to felony sexual assault. His trial was to have begun Wednesday.

Gray called the conviction a "victory for mentally handicapped persons," who he said are an overlooked subculture of the justice system. Because it can be difficult to understand what the mentally handicapped are articulating, cases can be hard to develop.

The victim told her mother of the assault in the church with Dixon the day it happened, Feb. 8, 2002.

If Keopraseut had not had someone who understood her, "the police likely would not have been able to sort out her story," Gray said.

In exchange for Dixon's plea, Gray agreed to drop three charges of sexual assault and two charges of deviate sexual assault. The prosecutor also agreed to recommend a sentence of four years in prison, with a stipulation Dixon be admitted into the sexual offender assessment unit for 120 days.

If the assessment unit decides and the judge agrees that Dixon does not pose a threat of being a repeat offender, Dixon may be released from prison following the first four months. He would have to register as a sexual offender.

A sentencing date was not scheduled, but could be as soon as the end of next month. Probation and parole employees will complete a sentencing assessment report for Dixon, providing their own recommendation to the court.

While a jury trial could have presented a tougher sentence with as much as seven years' imprisonment, the plea was a sure thing, Gray said. Jury trials could go any way, especially in light of the prosecutor's star witness.

That was evident by the case against Bruce Johnson, accused of sexually assaulting the victim. Keopraseut's testimony was thrown out by the sitting judge after he deemed her not competent to testify. Without her testimony, there was no case, Gray said, and the charges were dismissed.

Dixon's plea also effectively ends the long battle he and his attorneys fought to stall proceedings.

"This is a certain result. A certain conviction. There are no more delays or appeals," Gray said.

The prosecutor could not say why Dixon decided to plea, but speculated it may have to do with his age, the possible sentence length and the fact a competency hearing for Keopraseut was held before the trial.

As for Keopraseut and her family, the long ordeal was finally over.

"It's a relief for the family to have it over and know something is going to happen to him," Gray said.

kmorrison@semissourian.com

335-6611, extension 127