LOCKPORT – A Niagara Falls man who was originally charged with first-degree rape was allowed to plead guilty to a reduced charge Monday because, as Niagara County Assistant District Attorney Robert A. Zucco put it, “The victim is very interested in us resolving this case.”
Thomas S. Frazier Jr., 37, of Fifth Street, was allowed to plead guilty to third-degree rape, which carries a four-year maximum prison sentence. First-degree rape can bring up to 25 years in prison. Zucco said, “We will not seek a state prison sentence,” but County Judge Matthew J. Murphy III made no promises as he scheduled sentencing for Nov. 2.
Frazier had sex with the woman Jan. 20, 2014, in the Falls. A co-defendant, Damien P. Powell, 41, of Pine Avenue in the Falls, pleaded guilty to forcible touching, a misdemeanor. He is serving 1 1/2 to three years in prison for that and for an unrelated case in which he slashed a man with a knife.