Brian S. Witner, 39, of 1091 River Mill Road, Jersey Shore, will stand trial on for rape and other sex assault charges relating to contact with a 15-year-old girl at his residence on Dec. 3, 2025, District Judge Denise Dieter ruled following a preliminary hearing Friday morning.

At the time of the offense, Witner was working as an ISS paraprofessional employee with Jersey Shore Area Middle School, however, the charges are unrelated to his employment.

“Basically came on to me,” the alleged victim said from the witness stand, with Ludo, the courthouse dog in tow.

As Witner’s conduct progressed from kissing to a variety of sex acts, the alleged victim froze, she testified.

Witner’s assault only ended when another child present in the house knocked on the bedroom door, she said.

The following day, she confided in a teacher and was subsequently taken to the hospital for a Sexual Assault Response Team (SART) exam.

Under cross examination by defense attorney Peter Lovecchio, the alleged victim testified that it was unusual for her to help with laundry and only did so because she wanted to use Witner’s vape.

Called to testify by Deputy Assistant District Attorney Phoebe Yates, Lycoming Regional Police Det. Jordan Mahosky stated that surveillance cameras from within the kitchen of Witner’s residence showed Witner dressed in a hoodie and sweatpants leaving the room around 7:30 p.m., with the alleged victim leaving eight minutes later.

Due to the presence of cameras in the living room and at both exits of the house, Mahosky testified the only place the two could have traveled was down a hallway leading to the bedrooms.

At 9:05 p.m., the alleged victim reappeared on the kitchen cameras and appeared to be adjusting her pants, Mahosky said.

Roughly 15 minutes later, Witner is caught on camera bare chested and wearing shorts and socks, and appeared to be adjusting his genitals, Mahosky testified.

A search warrant for Witner’s phone revealed that leading up to 7:58 p.m., there was consistent usage, however between that time and 8:45 p.m., the phone remained locked, Mahosky testified.

Surveillance cameras also captured a conversation between Witner and his wife after learning that the alleged victim was taken to the hospital.

“I told you not to be alone in a room with her with the door closed,” his wife allegedly said to Witner, Mahosky testified.

The results of the SART exam came back positive for the presence of genetic material consistent with sexual activity matching Witner’s DNA profile on the alleged victim as well as the underwear she was wearing the night of the alleged assault.

It was concluded that the samples taken from the clothes were more than 16 octillion times more likely to come from the alleged victim and Witner than the alleged victim and any other unknown person, according to Mahosky.

Lovecchio made a brief argument for dismissal of the rape charge based on testimony that the alleged victim froze.

“There’s been no testimony of forcible compulsion. There was no pushback. She said that she froze up,” Lovecchio said.

I’m not saying that she consented, just that she didn’t resist, and that is an element that’s required to meet this burden,” he argued.

Yates, however, argued that freezing up was indicative of non-consent and was enough to meet the elements of the charge.

Dieter agreed, ordering Witner to stand trial on one count each of rape by forcible compulsion, statutory sexual assault, involuntary deviate sexual intercourse, unlawful contact with a minor, sexual assault, endangering the welfare of children, three counts of aggravated indecent assault, three counts of indecent assault and two counts of corruption of minors with sexual contact.

He remains behind bars at the Lycoming County Prison.

“The Jersey Shore Area School District takes allegations of abuse in any form seriously,” district Superintendent Brian Ulmer said in a statement at the time of Witner’s arrest.

“Not only is it illegal but it defies the values of our school community. The safety, dignity, and well-being of children is nonnegotiable,” he continued, adding that Witner has been placed on leave and removed from any contact with students.

“We fully cooperated with law enforcement and Lycoming County Children and Youth Services during the investigation and will continue to do so,” Ulmer said in his statement.

“While the criminal justice process must be allowed to proceed and people are innocent until proven guilty, rest assured that there will be no permitted contact with children until there is a resolution. There is no place in this school district for anyone who would exploit, endanger, or abuse a child,” he said.

“As a parent, I recognize the anger, fear, and concern this situation causes. Protecting students is our highest responsibility, and when that responsibility is violated, it demands both accountability and action,” Ulmer’s statement read.

“I appreciate the trust our families place in our schools, and I do not take that trust lightly,” he concluded.