A former Naylor assistant principal preempted his upcoming bench trial by pleading guilty Tuesday afternoon to sexual assault of a female student on campus in 2015.
As part of a plea deal, John Franklin Mullins appeared before Presiding Circuit Judge Michael Pritchett and entered a plea of guilty to the unclassified felony of first-degree sodomy.
The 56-year-old Gatewood man was supposed to stand trial Wednesday and Thursday on that charge, as well as the unclassified felony of first-degree rape and two Class D felonies of sexual contact with a student.
As Pritchett went over Mullins’ rights, he said, “it’s my understanding you wish to enter a plea of guilty to that charge.”
“Yes, sir,” Mullins replied.
When Pritchett asked whether Mullins understood what he was charged with, he again answered affirmatively.
Butler County Prosecuting Attorney Kacey Proctor then told the court the charge carries a punishment range of no less than five years to 30 years in prison.
“Are you pleading guilty to count 1 because you are, in fact, guilty?” Pritchett asked.
“Yes, I am,” replied Mullins, who subsequently said “guilty” when the judge asked “how do you plea.”
Proctor then told the court what the state’s evidence would have been had the case gone to trial.
The evidence, Proctor said, would be that on Oct. 23, 2015, Ripley County Deputy Charlie Mays went to a Naylor residence, where he contacted a then 16-year-old female who reported she was sexually assaulted by Mullins.
The teen reportedly was taken to a hospital and a safe exam was performed on her, Proctor said.
The teen, Proctor said, would testify she was a student of Mullins’ and had volunteered to work the concession stand at a ball game.
Proctor said the teen would have testified about Mullins having taken her to his science classroom, which was in another building.
After entering a storage closet, Proctor said, the teen would have told about how Mullins shut the door behind them.
While inside that closet, Proctor said, the teen’s testimony would have been that Mullins ran his hand down her pants and sexually assaulted her.
“She would testify the defendant told her not to be ashamed of what she did,” Proctor said.
The teen, Proctor said, would have further testified about how she had gone to a restroom and then grabbed her backpack from the concession stand before leaving.
Other witness(es), Proctor said, would have testified about seeing the teen crying as she grabbed her backpack and left.
According to Proctor, swabs were collected from the victim for DNA analysis.
A Missouri State Highway Patrol criminalist, Proctor said, would have testified regarding the DNA from those swabs being “consistent with the defendant’s DNA.”
Proctor said patrol Sgt. Jeff Johnson also would have testified for the state regarding the recorded interview he had with Mullins.
Mullins, he said, did admit he and the teen went to his classroom, where he touched her inappropriately. He reportedly could not remember whether he had had sexual intercourse with the teen.
During that trial, Proctor said, the state would have presented evidence of Mullins’ alleged propensity to commit sexual-related crimes against children.
That evidence, he said, would have come from five witnesses, who would have testified that “at times the defendant grabbed their breasts” and wrote sexually-explicit notes to them.
At the conclusion of the state’s account of its evidence, Mullins’ attorney, Dan Moore, said his client only admitted to “putting her hand on his penis” and his hand down her pants.
“Is that what you did,” Pritchett asked.
“Yes, your honor,” Mullins replied.
As part of the plea deal, Proctor confirmed the state would be dismissing a second case against Mullins. He had been charged with two Class D felonies of sexual contact with a student regarding a second female student.
After accepting Mullins’ plea, Pritchett ordered a sentencing assessment report be completed by Probation and Parole and set sentencing for 1 p.m. Nov. 26.
Mullins subsequently was handcuffed by the court bailiff for incarceration in the Butler County jail.