Rape Suspect Pleads Guilty on Lesser Charges

STAMFORD -- One of two men accused of sexually assaulting a woman in a Stony Brook Road home in Westport in February 2010 has reached an agreement with the Stamford state’s attorney’s office to plead guilty to two lesser charges.

Appearing before Judge Gary J. White in state Superior Court in Stamford Thursday, Kevin Patrick Larkin pleaded guilty to first-degree unlawful restraint and fourth-degree assault.

Assistant State’s Attorney Richard Colangelo told White that in exchange for his guilty pleas, Larkin has agreed to be sentenced to a suspended five years in prison, nine months house arrest (except for going to work), registering with the state as a sex offender for ten years for law enforcement purposes only, and any other conditions deemed appropriate by the state’s Office of Adult Probation.

Westport Police initially charged Larkin with first-degree sexual assault, first-degree unlawful restraint, and first-degree hindering prosecution. He was freed following his arrest after posting a $250,000 bond.

Larkin, 45, of 28 Stony Brook Rd., where the incident occurred, will be formerly sentenced May 27.

Meantime his co-defendant, Brian Andrew McIntyre, has been held in prison since being arrested Feb. 22, 2010, by Westport Police; unable to post a $400,000 bond.

McIntyre, 50, of Pleasantville, N.Y., is charged with first-degree sexual assault, first-degree unlawful restraint and interfering with an officer. He’s scheduled to next appear in court March 24.

In sworn affidavits prepared to obtain arrest warrants for the men, Westport Police alleged the pair met the victim in the Black Duck Café in Westport and invited her to the Stony Brook Road address to celebrate one of their birthdays.

Police said the victim told them she went to the home with the men, where they pulled off her pants and underwear and raped her. She said they took her cell phone away and refused to let her leave.

She was freed when Westport officers arrived at the home to check on her welfare, after her sister called police concerned about her whereabouts.

Larkin and McIntyre were not arrested at that time. Police sought their arrests after interviewing the victim and her sister in Norwalk Hospital, where the victim was taken after complaining of groin pain.

The arrest affidavits included a graphic description by the victim of how she said she was raped, and said she told police at no time was any part of the incident consensual. She also is reported saying that if police hadn’t arrived, “she thought they would have done more to her.”

Colangelo told White that the prosecutor’s office had been in touch with the victim during the time a plea agreement was being negotiated with Larkin, but the woman could not be located after the agreement was reached. Colangelo said his office would continue to attempt to locate her so she could be invited to attend Larkin’s formal sentencing in court May 27.

In their affidavits, Westport Police said they found McIntyre “had an extensive criminal history” in Rhode Island, N.Y.; New Jersey and Florida.

In Florida, they said, he was arrested for Deadly Missile and Battery on a Spouse. In New Jersey he was arrested for Simple Assault, Larceny and Resisting Arrest. In Rhode Island, he was arrested for Simple Assault or Battery. Elsewhere in New York state, he was arrested for Assault with Intent to Cause Physical Injury, more than one alleged larceny, more than one alleged Driving While Intoxicated, Criminal Impersonation, Disorderly Conduct, Theft of Services, Criminal Trespass and various motor vehicle charges.

Clarification: The headline was modified to say "pleads guilty" from "to plead guilty."