He was high when he committed sexual assault, officials say. ‘Well, she didn’t holler, ‘No.’’

Eric Stallone
Eric Stallone

A plea in a sexual battery case fell through Tuesday when a judge refused to accept it because the defendant suggested the act was consensual.

“I didn’t mean to mislead you,” Eric Daniel Stallone pleaded after Judge Dale Harkey said no to the plea and set a May trial date.

Everything started going south for Stallone, of Vancleave, after the judge told him to explain what he did to make him guilty of sexual battery.

Stallone said he had sex with a 20-year-old woman, then went on to say, “I felt like it was consensual. Well, she didn’t holler, ‘No.’ ’’

At the time, he said, he was high on marijuana, meth and the prescription anti-anxiety pill Xanax.

Assistant District Attorney Michael Dykes said the allegations are that Stallone came up to the victim from behind and forced himself on her sexually.

“She told him no and tried to get away,” Dykes said. “She was yelling at him.”

The homeowner heard the victim’s cries and the two of them called Pascagoula police to report the sexual assault.

When Stallone tried to explain to the judge that he didn’t mean to mislead him, the judge fired back.

“I am just not going to fool around,” Harkey said. “I won’t be accepting this plea. I won’t be following this plea recommendation.”

Prosecutors had recommended a sentence of 15 years, with nine years to serve day-for-day, along with Stallone’s registration for life as a sex offender.

The maximum sentence is up to 30 for felony sexual battery. The plea recommendation is now off the table.

Margaret Baker: 228-896-0538, @Margar45