Judge won’t reconsider sentence for Spingler
Former Radnor pol was convicted of groping a 103-year-old woman’s breast in a nursing home
MEDIA COURTHOUSE » Delaware County Common Pleas Court Judge John Capuzzi denied a motion Thursday to reconsider the sentence he imposed on former Radnor Township Commissioner William Spingler last month, but did indicate he would modify his original sentence to remove a requirement that he comply with the recommendations of a sex offender treatment evaluation.
Spingler, 76, of Paoli, was convicted in June on two counts of indecent assault on a person with a mental disability for fondling a 103-year-old woman’s breast last year.
He was sentenced to 23 months of intermediate punishment with 60 days of electronic home monitoring, but was not required to register as a sex offender or be supervised under special sex offender rules of probation and parole.
Spingler was also required to have no unsupervised or inappropriate contact with the victim, and to enter into sex offender treatment and follow any recommendations.
During a two-minute hearing Thursday, Capuzzi asked Assistant District Attorney Ryan Grace if any facts had come to light that were not known at the time of the sentence.
Grace attempted to offer some information that Spingler had been in a nursing home, but he was cut off by the judge, who asked if there was anything prohibiting Spingler from being there.
Grace indicated administrators at the nursing home were so uncomfortable with Spingler’s presence that they had called the police, but Capuzzi again cut Grace off and pointed to the sex offender evaluation.
“I’ve got this evaluation that says ‘very low-risk category for being charged or convicted of another sexual offense,’” the judge said. “I’m done. Denied.”
Grace had originally sought a prison term of three to 23 months followed by seven years of probation. While the state Sexual Offenders Assessment Board found Spingler does not meet the criteria for a sexually violent predator, Grace said there are aggravating factors in the case, including Spingler’s position of trust with the victim, the fact that there were multiple events and that the assaults involved a person who could not defend herself.
Spingler admitted at trial that the two counts he was convicted of took place at the Genesis Healthcare Wayne Center in Radnor on Dec. 15 and Dec. 17, 2016, but denied a third assault had taken place Dec. 23. He was acquitted on that charge.
The victim is diagnosed with dementia and Spingler testified that she had stopped recognizing him shortly before the first assault.
“I thought for shock value, you know, I could get her to say something, let her know I was there,” he said. “I touched her breast. It was the dumbest thing I ever did, but I did it to get her attention and let her know that I was there.”
Capuzzi indicated Thursday that he would draft an order that would impose no additional conditions on Spingler, saying the sex offender evaluation he received was incongruous.
“You don’t say ‘low risk for reoffending’ and then attach conditions, the same conditions that I’ve seen for moderate to high risk,” he said.
“So you’re modifying your sentence so that its original sentence of ‘comply with evaluation’ is no longer required?” Grace asked.
“Right and I’ll draft an order next week to that effect,” Capuzzi replied.
Defense attorney James Pierce gave no argument and thanked the judge.
Spingler was the first Democrat to join the Radnor Board of Commissioners in 1970. He also served as a county commissioner from 1972 to 1980 before returning to the Radnor board in 1991. He stayed in office until 2015, stepping down as president.