Booking photo for Joshua J. Cress (Courtesy: Cache County Jail)
LOGAN — A 37-year-old Nibley man convicted of groping female customers at a Logan grocery store will not be sentenced to anymore jail time. Joshua J. Cress was ordered instead to continue mental health treatment after attorneys said further jail time might cause more harm than good.
Cress was sentenced in 1st District Court Wednesday morning. He previously accepted a plea deal, pleading guilty to two counts of sexual battery, a class A misdemeanor.
Defense attorney Ryan Holdaway told the court, mental health had played a substantial role in Cress’ life. He noted that the defendant had already served 13 days in jail, in addition to four months at the State Hospital after being found temporarily incompetent to stand trial.
Cress said he wasn’t in the “right state of mind” when he the crimes occurred. He was suffering from schizophrenia and not taking his medication.
Cache County Deputy Attorney Dane Murray agreed that he didn’t want Cress to back track with a possible jail sentence. He noted that the victim had also expressed a desire for the defendant to get help.
Logan City police officers were called to the grocery store December 21, 2020. A woman reported Cress had walked up behind her and grabbed her buttocks. The victim notified her husband, who was with her at the time the assault took place.
The husband followed the individual through the store, while the woman notified employees, who contacted security.
When officers arrived on the scene, they spoke to Cress. He was hesitant to provide answers, tried to leave and gave police a false name.
A store employee told officers that Cress had reportedly groped another female customer previously. He was seen wandering around the store, staring at customers and never purchasing any merchandise.
During Wednesday’s sentencing, Judge Brian Cannell agreed with attorneys and credited Cress for the time already served. He ordered the defendant to continue receiving treatment and stay on his medication. He also prohibited him from going to any local Walmart stores in the area.
will@cvradio.com