A Port Allegany man’s appeal to the state Superior Court on sex
offenses from 2003 was denied on Monday.

Billy Jack Vansickles, 25, was convicted May 17, 2004, of three
counts of involuntary deviate sexual intercourse, statutory
assault, aggravated indecent assault, sexual abuse of children by
photographing sexual acts, indecent assault and corruption of
minors.

He was sentenced to five to 10 years in state prison on the
charges on Nov. 15, 2004. He was released on $10,000 bail pending
the appeal.

Through his attorney Jarett Smith, Vansickles had argued that
the charges against him were filed in violation of his fourth
amendment rights against unreasonable search and seizure; the
district attorney’s office failed to prove every element of the
crimes; and the weight of the evidence did not support the
conviction, according to court records.

In a “concise statement of law and fact” filed in the appeal,
Smith explains his client’s version of the events which led to the
charges against him.

According to court records, on Jan. 1, 2003, Vansickles was
sleeping in his rented residence, a third floor apartment in a
Pearl Street home in Port Allegany. Two state police troopers
entered the home without a warrant looking for another person and
searched the first and second floors.

They were told Vansickles was on the third floor and entered
without his “lawful consent,” the records read.

Although the troopers did not find the person they were looking
for, they found pictures of Vansickles and an underage female
having intercourse and found drug paraphernalia, all without a
warrant, the records read.

The troopers then stopped the search and obtained a warrant,
finding more illicit photographs of the underage female, the
records read.

During the course of the prosecution of the case, Smith filed a
suppression motion regarding the evidence, but the motion was
denied by McKean County Judge John Yoder.

In the appeal, Smith argued that the denial was an error of law.
He also asked the Superior Court to overturn the convictions “since
they are not supported by the record,” according to the motion.

The Superior Court denied the motion, upholding the
convictions.