He also was designated a Tier I sexual offender, which will require him to register his address annually for 15 years.
Credit: Montgomery County Jail
Credit: Montgomery County Jail
A 3-year-old girl was on A swing the evening of Aug. 3 while at the park on East Monument Avenue with her family when McMahon walked up and tried to abduct her, according to a statement from the Montgomery County Prosecutor’s Office.
The man picked up the girl and said, “I came here to take you with me,” according to an affidavit filed in Dayton Municipal Court by a Five Rivers MetroParks Division of Rangers detective.
Family members were able to get the girl away and fend off McMahon, who was a stranger to them.
McMahon’s attorney asked for probation in a sentencing memorandum, stating that McMahon was highly intoxicated during the offense, that there was no sexual motivation and that his client voluntarily sought substance abuse counseling. He also presented more than 20 letters from family, friends and acquaintances attesting to McMahon’s good character and his abundance of support for him to succeed.
“He has accepted full responsibility for his actions in the instant offense and has taken numerous steps toward discovering the primary issue that may have been present during the commission of this offense and to make necessary corrections in his lifestyle and behavior to ensure his success for the future,” attorney Nicholas Gounaris wrote. “Mr. McMahon expresses remorse, guilt and shame for his actions. He understands that his conduct does not define who he is and are not indicative of his true character.”
In addition to his probation, the judge ordered McMahon to have no contact with the victim and to attend substance abuse treatment. If he violates any provision of his probation, he faces six to 18 months in prison, according to the Montgomery County Prosecutor’s Office.
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