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Woman ordered to serve 18 months after pleading guilty

October 28, 2005|by PEPPER BALLARD

pepperb@herald-mail.com

A Hagerstown woman pleaded guilty Thursday in Washington County Circuit Court to second-degree assault in connection with charges that she forced an 11-year-old boy to have sex with her in November 2004.

Danielle Nicole Frye, 19, of 23 S. Mulberry St., was ordered by Circuit Judge Donald E. Beachley to serve 18 months in state prison after she pleaded guilty to the charge.

Frye was over at the boy's house on Nov. 11 while her boyfriend baby-sat him, according to charging documents. At about midnight, Frye walked naked from a bedroom where she and her boyfriend had just had sex into the living room and told the boy to have sex with her, documents state. The boy complied, but it was stopped after a short period of time, according to charging documents.

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Washington County Assistant State's Attorney Michele Ferris Hansen told Beachley that Frye agreed to plead guilty to second-degree assault if prosecutors dropped the remaining charges, including second-degree rape, and asked for a 10-year prison sentence, all suspended but 18 months. She said Frye agreed to help prosecutors with a case against her then-boyfriend, Steven Anthony Barger, whom Frye alleged forced her to commit the offense.

Barger, 19, of 7B S. Main St. in Smithsburg, is charged with second-degree sex offense, sexual abuse, third-degree sex offense and second-degree assault in connection with alleged sexual acts involving the same boy, which occurred about four days after the incident involving Frye, court documents state. Barger is scheduled to go to trial on the charges on Nov. 10, according to court documents.

Frye's attorney, Assistant Public Defender Brendan Callahan, told Beachley, "She was involved in an abusive relationship with some unusual demands placed on her by Mr. Barger."

Callahan said the contact Frye had with the boy "lasted less than two seconds."

Charging documents state Frye told Smithsburg Police Department Chief Michael Potter that she stopped the contact because "it made her feel like a 'child molester.'"

"She is not someone who is preying on the children of Washington County," Callahan told Beachley.

Beachley asked Frye if Barger threatened her on the night of the offense.

"He has threatened me before 'cause I wouldn't do stuff with him," Frye said.

Before sentencing her, Beachley said, "I will reluctantly go along with the agreement."

Although Callahan asked that Frye serve her sentence at the Washington County Detention Center, where she has served 57 days, Beachley said he wanted her to serve the term in prison.

He said it "is somewhat beyond comprehension" that she did what she did.

"You should have gratitude for Mr. Callahan for negotiating this deal," he told her.

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