City man gets up to 23 months for sexual assault in plea deal
HOLLIDAYSBURG — An Altoona man was sentenced to 11.5 to 23 months in the Blair County Prison after he pleaded guilty Friday to a second-degree felony sexual assault.
Jamal A. Newberry, 39, who has been out of prison on bail, was ordered to report this Friday to the county prison to finish his minimum sentence. Court records show he has been out of jail on bail since mid-August. Before bail was posted, he was incarcerated about 5.5 months.
In exchange for the guilty plea, First Assistant District Attorney Nichole Smith withdrew Newberry’s other charges of rape, aggravated indecent assault without consent and involuntary deviate sexual intercourse.
Smith said the victim was willing to testify in court during a trial that could have been scheduled for next week.
By agreeing to the negotiated plea, Smith said the victim was able to hear Newberry say he was guilty of the sexual assault and to hear him say, “I’m sorry.”
Defense attorney Ben Kahn said the decision to enter the guilty plea rested with Newberry. Had Newberry been convicted of the rape charge at trial, standard sentencing guidelines call for a state prison sentence, Kahn said.
Altoona police charged Newberry in March 2022 after the woman accused him of raping her at her sister’s residence in Evergreen Court.
The woman told police that she and Newberry had known each other for a few weeks and she had asked him to come to her sister’s residence. There, the woman said that Newberry started kissing her and that despite her saying “no” and “stop,” he continued.
The woman also provided police with a series of text messages exchanged after the assault between Newberry and the woman. The messages, police said, indicated that she had told him to stop and that Newberry responded by apologizing and saying he wanted to remain friends.
Because he pleaded guilty to sexual assault, Smith said Newberry will be required, under current Megan’s Law rules, to regularly register his address and related information with state police for the rest of his life.
Mirror Staff Writer Kay Stephens is at 814-946-7456.