MOUNT VERNON — A Mount Vernon man previously found not competent to stand trial was sentenced for soliciting sex with minor in a hearing in Knox County Common Pleas Court.
Kody Bergs, 20, appeared in court for sentencing Thursday. Bergs was diagnosed to be intellectually disabled and was accompanied by the manager from a local independent care facility (ICF) that houses individuals with disabilities.
According to court records, Bergs made sexually explicit communication with a 12-year-old girl on Facebook and had arranged to have sex with her in a park. Police were notified by the girl’s family and arrested Bergs on June 20 in the park when he showed up for the meeting.
A mental health assessment was ordered in the following court hearings. The District V Forensic Center found Bergs to be intellectually disabled and requested that Bergs undergo a separate evaluation by a psychologist. Further assessment found Bergs capable of understanding the nature of the proceedings against him, but incapable of assisting his lawyer in his own defense. Bergs was therefore deemed not competent to stand trial until provided with a course of treatment.
Judge Richard Wetzel ordered that Bergs be enrolled in an inpatient treatment at the Columbus Developmental Center Jan. 9. Seven months later, Bergs was deemed competent to stand trial. The court accepted his guilty plea on Oct. 24.
Bergs was sentenced to five years of community control under the terms of supervision that he be enrolled in a group home for individuals with developmental disabilities, according to Assistant Prosecuting Attorney Nicole Derr.
Bergs will also be registered as a Tier 1 sex offender for the next 15 years. He will need to register his permanent address, contact information, vehicle information and any online identity, such as email and social media profile, with the Knox County Sheriff’s Office.
In court, Wetzel explained slowly and with concrete examples so Bergs understood the full implication of the sentence.
Bergs cannot, Wetzel especially stressed, borrow or otherwise use any electronic communication device not registered under him or it would be a violation of his sentence. This includes using someone else’s phone, laptop or email address.
“It is your responsibility,” Wetzel told Bergs. Staff at the group home may assist Bergs in complying with the reporting but it is Bergs’ responsibility to keep his registration up to date, according to Wetzel.
Bergs has had the chance to visit the facility in which he will reside, including an overnight stay to better understand the facility’s operation and rules.
Bergs’s move into the group home is pending with no definitive start date. The facility manager stated that he tried to arrange for Bergs to move in before the Thursday hearing but was unsuccessful. However he wished to get Bergs admitted in early January.
Once admitted in the group home, there was also no definitive terms on how long he will remain a resident. Depending on Bergs’ progress, the residency may be five years or it could be lifelong, according to the facility manager.
“[Until then] I don’t think anybody knows,” Derr said, regarding Bergs’ future.
