BRITT | A Britt man accused of sexually assaulting two children has taken a plea deal, according to court documents.
Damien Ian Kyhl, 36, was charged with two counts of second-degree sexual abuse and two counts of third-degree sexual abuse, all felonies. He is accused of sexually assaulting two children over a six-year period.
In Iowa law, rape and sexual assault are charged as sexual abuse.
On July 11, Kyhl entered a written Alford plea to the two counts of third-degree sexual abuse. An Alford plea is when a person does not admit guilt but acknowledges prosecutors likely can prove the charge.
In the plea, Kyhl said he performed a sex act on two children between March to August 2017 and January 2014 to July 2016 in Hancock County, court documents said.
“I maintain my innocence,” the plea said. “There is strong evidence of actual guilt when considering all of the charges against me.”
The penalties for both charges include two prison terms up to 10 years, a fine between $1,000 to $10,000 and registering as a sex offender.
Hancock County Attorney Robert Blake Norman is expected to recommend dismissing the two counts of second-degree sexual abuse. A conviction of one count of second-degree sexual abuse in Iowa carries a sentence of up to 25 years in prison.
Norman is also expected to recommend Kyhl's two 10-year prison sentences to be served at the same time, or concurrently; two $1,000 fines, neither of which will be suspended and lifetime sex offender registry. Restitution has not been requested.
Kyhl is scheduled to appear for a plea change hearing in Hancock County District Court Aug. 13.
He faces another charge, felony perjury, in relation to the four other sexual abuse charges.
Law enforcement said he lied on a financial affidavit when applying for a court-appointed attorney Jan. 17.
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Court documents say he received a worker's compensation settlement of $200,000, had about $70,000 between his savings and checking accounts and owned three vehicles: a 2006 GMC Envoy SUV, a 2003 Harley Davidson Road Glide motorcycle with a custom paint job and a recently-purchased 2018 Toyota Camry.
Law enforcement said Kyhl made a phone call to his mother prior to his arrest that day on the sexual abuse charges, detailing his bank balances, and asking her to withdraw money from his account.
None of the assets were listed on his application, authorities wrote in charging documents.
He pleaded not guilty to the perjury charge June 6. A jury trial is scheduled for Aug. 22 in Hancock County District Court.
Kyhl is also accused of assaulting a woman in May while on pre-trial release.
On May 19, a woman told law enforcement she was standing inside her garage and talking to her husband when Kyhl, her husband’s friend, entered the garage, court documents said.
Court documents said Kyhl came up up behind her and pinched her arm with two fingers and twisted.
The woman told authorities "it hurt very bad" and that she cried after she was pinched, which caused bruising and redness, court documents said.
Kyhl then “called her a p---y” before she went into her home, law enforcement said in charging documents.
He was charged with misdemeanor assault and is scheduled for a non-jury trial Aug. 30 in Hancock County Court.
Kyhl is also accused of violating pre-trial release for the sexual abuse charges in January, when he allegedly entered the home of those he was accused of sexually abusing without permission and repeatedly apologized before leaving, court documents said. A no-contact order was put in place after the incident.