MARTINSBURG, W.Va. — A 36-year-old man who owned a restaurant near Hedgesville, W.Va., was sentenced to one to five years in prison Monday by 23rd Judicial Circuit Judge Christopher C. Wilkes after he pleaded guilty to sexually abusing an employee in January 2010.
Marshall Phillip Robertson, of 114 Lake Sever Drive, Winchester, Va., will be placed on 10 years of supervised release and must register as a convicted sexual offender for the rest of his life after his release.
Initially charged with second-degree sexual assault, Robertson allegedly had intercourse with the employee in January 2010 during snowy conditions that spurred an impromptu party at Oscar’s Pizza, according to court records. It is not clear whether Robertson still owns the business. The number listed for Oscar’s Pizza was disconnected.
Police said in court documents that Robertson purchased alcohol and allowed employees to stay overnight at the business, due to the weather.
The alleged sexual encounter happened while the victim was incapacitated due to alcohol consumption, according to court records.
Robertson, dressed in a light blue shirt and baggy blue jeans for the plea and sentencing hearing Monday, initially only said he touched the victim in “inappropriate ways” before admitting he had intercourse with her upon being asked by Wilkes what led to him being charged.
The victim did not wish to make a statement, Assistant Berkeley County Prosecuting Attorney Gregory K. Jones told the court.