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Former LHU student’s sex assault conviction affirmed in Superior Court

One judge believes new hearing should be set to determine if he’s a sexual violent predator

LOCK HAVEN — The sexual assault conviction of a former Lock Haven University student will stand, but a state Superior Court judge believes he should receive a new hearing to determine whether he is a sexual violent predator.

A three-judge panel Friday denied the appeal of Devon Jarrett Bushore, 25, of Hughesville, regarding sufficiency of the evidence, jury instructions and whether counts of sexual and indecent assault should have merged for sentencing.

The issue that divided the panel was whether Clinton County Judge Michael F. Salisbury erred when he precluded Bushor from introducing expert testimony at a sexually violent predator hearing.

Judge Anne E. Lazarus wrote that she believes Bushor should get a new hearing.

Bushor, who was found guilty of sexual and indecent assault, was sentenced in July 2024 to 57 months to 12 years in state prison followed by three years’ probation. He was also fined $7,500.

He was found to be a sexually violent predator and must register as such. He had already been required to register for 25 years as a result of a previous conviction.

The charges stemmed from a Nov. 1, 2019, party at the Alpha Chi Rho or “CROW” fraternity house. That organization was not officially recognized by the university. The victim was visiting a female friend who was a Lock Haven student.

This is a summary of the trial testimony taken from the appellate court’s opinion:

The victim, then 18, began drinking in the friend’s dorm room, where she consumed whiskey and four shots of vodka, followed by cream soda mixed with four additional shots of vodka. It was the first time she had mixed alcoholic beverages.

During the walk to the off-campus party, she recalled falling. She described herself as being really drunk. She did not recall entering the party location, but does remember being inside.

While being escorted because of her intoxication to a part of the house where only fraternity members were permitted, she fell down the steps. She did not remember falling, but witnesses confirmed it.

She became ill, vomited and was given water while she was seated on a couch. She recalled Bushor sitting down next to her and getting on top of her and kissing her.

The next thing she remembered was seeing her pants and underwear around her ankles and him thrusting into her.

She did not remember having any discussions with Bushor about having sex. She described the event as an out-of-body experience. The victim’s level of intoxication was confirmed by witnesses.

The panel affirmed the convictions on sexual and indecent assault, finding sufficient evidence had been presented that the victim did not give consent for the sexual encounter. It also found that separate sentences for those two counts were justified.

The disagreement among the three judges was over Salisbury’s refusal to permit a defense expert to testify at the hearing required to determine whether Buschor was a sexually violent predator.

The judge justified his decision by noting that the defense, because of its four granted continuance requests, had eight months to prepare to question the report of the prosecution’s expert witness. The prosecution did not get the report of the defense expert until the time of the hearing, he noted.

Lazarus opined that Salisbury could have continued the hearing again to allow the district attorney to review the defense expert’s opinion. She noted the judge indicated he would grant a continuance if the prosecution sought one, but it did not.

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