×

Victim seeks lesser sentence in indecent assault of a minor case

Belardi given 5 years’ probation in plea deal sought by teen

HOLLIDAYSBURG — An Altoona man facing felony charges for his alleged sexual involvement with a minor pleaded guilty Thursday to lesser misdemeanor counts in exchange for five years’ probation as per the wishes of the victim.

Kyle Joseph Belardi, 20, was charged with four felony counts each of aggravated indecent assault and unlawful contact with a minor, two felony counts of child pornography and single felony counts of corruption of minors and disseminating explicit sexual material of a minor, as well as four misdemeanor counts of indecent assault of a person less than 16 years of age. He has remained free on $100,000 unsecured bail since the case was filed in June 2025.

Belardi was scheduled for an omnibus pre-trial motion hearing in front of Judge Jackie Atherton Bernard but before it began, defense attorney Thomas Dickey and Assistant District Attorney Nicholas Mays met with Bernard in chambers to discuss the possible resolution of the case.

In court, Mays told Bernard that, as a part of the plea agreement, the DA’s Office was adding two misdemeanor charges of recklessly endangering another person and a single misdemeanor charge of furnishing alcohol to minors for Belardi to plead guilty to.

Mays said the deal was a “great deviation” from Belardi’s original charges and potential sentencing under the victim’s “express wishes.”

When questioned by Bernard, the victim agreed that she had spoken to First Assistant District Attorney Nichole Smith about the case and its potential outcomes and that she didn’t want Belardi to have to plead to felony sex charges. She also confirmed that she would rather Belardi take the plea agreement than have to testify multiple times in the case.

Addressing Belardi, Bernard said she understood that the charges were “vastly different” from his original docket and asked if he wanted to take the plea, to which Belardi said yes.

“I’m sorry for everything that happened and that we’re even in this situation,” Belardi said through tears, then apologized directly to the victim.

Bernard thanked Belardi for his words, saying “I can tell you’re emotional about this.” She pointed out to Belardi that the plea was only possible because of the victim’s “maturity” and described her as “very merciful,” while Belardi nodded in agreement.

Bernard then sentenced Belardi to two years’ probation on each misdemeanor count of recklessly endangering another person and one year probation on the misdemeanor count of furnishing liquor to minors, to be served consecutively. She also ordered Belardi to pay the cost of prosecution, a $1,000 fine, have no contact with the victim, complete a cognitive behavioral therapy course and undergo mental health and drug and alcohol evaluations.

All other charges against Belardi were withdrawn and dismissed.

The case stems from a monthslong investigation started on Dec. 18, 2024, when an officer with state police at Hollidaysburg spoke to the caregiver of a 13-year-old juvenile female about pictures found on the victim’s phone. In an interview, the victim said she met and began talking to then-19-year-old Belardi over Snapchat. As she lived in Tyrone and Belardi lived in Altoona, the victim said Belardi and his co-defendant Nicholas Joseph Irwin II, who was also 19, would pick her and a second victim up from the Tyrone Burger King, according to the affidavit of probable cause.

The victim told officers they would then steal alcohol from various stores and drink together. The victim said she told Belardi she was 15 years old, but Belardi found out she was 13 from another juvenile. She told the officer they engaged in sexual activity about five times and that Belardi had shown her his genitals. Belardi told officers he added the victim on Snapchat during late spring or early summer 2024 and that he believed the victim was 17 years old. He then admitted several people told him she was 13 but he didn’t believe them.

Irwin, now 20, faces single felony counts of statutory sexual assault and unlawful contact with a minor and a single misdemeanor count of indecent assault of a person less than 16 years of age. He is scheduled for a status conference June 18 in front of Senior Judge Jolene Grubb Kopriva.

Irwin remains free on $75,000 unsecured bail.

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.

Starting at $2.99/week.

Subscribe Today