A Criminal Court judge on Monday withheld diversion for a railroad worker charged with going to a young girl's house and "asking her for a kiss."
Judge Don Poole sentenced Wesley Brown, 38, of Calhoun, Ga., to a suspended two-year sentence. He will be on probation for four years.
The judge said, if there are no problems through the probation period, he would then consider allowing the expunging of the record under diversion.
Brown earlier pleaded guilty to assault, false imprisonment and burglary in the incident on Oct. 26, 2010.
He said he was with a railroad crew that day in the vicinity of Noah Reid Road when he went into the woods to use the bathroom. He said he found himself at a house nearby and asked a young girl at the residence for a drink. He said she brought him a Coke.
Brown, who has been married 17 years and has three children, said he then asked the girl if he could use the bathroom, and she said he could.
He said he afterward took her hand and asked if he "could have a kiss" before he left. He said the girl told him she was "underage." He said he later learned that she was 19.
He said the girl pulled away and ran out the door.
Some police officers happened to be nearby, and they said they had to pursue Brown and then scuffle with him before taking him into custody.
Brown's attorney, Gerald Webb, said he otherwise has a clean record and was guilty of one "stupid" mistake with the girl..
Brown said he lost his job with the railroad over the incident. He had worked there 15 years. He said he now tends the house and keeps the children while his wife, a registered nurse, works.