COLUMBUS (WCMH) – A former Ohio State University drum major faces up to five years in prison when he is sentenced later this morning after pleading guilty to sexual battery.
Stewart Kitchen pleaded guilty to one count of sexual battery in May. Kitchen was originally charged with two counts of rape and an additional sexual battery charge, but those charges were dismissed as part of a plea agreement.
Kitchen led the band as head drum major in 2006-07. He was a drum major instructor in 2015, teaching the leaders of the marching band.
Court documents allege Kitchen and a 19-year-old woman went out drinking in April of 2015, then walked to his Columbus home. The woman reported that Kitchen refused to return her to her home and sexually assaulted her in his bedroom as she tried to escape and told him to stop, an investigator said in an affidavit filed in court.
“Because of the position of authority he had with her in connection with the case, the state will be asking for some prison time on the date of sentencing,” said Franklin County Prosecutor Ron O’Brien in April.
Documents filed in court by Kitchen’s attorney ask the judge for probation without any prison time.
Kitchen’s attorney says the 29-year-old has taken responsibility for what happened and has been remorseful. The lawyer says Kitchen has an otherwise exemplary background, including extensive community involvement in Kenton, where he grew up.