Aug. 25—CATLETTSBURG — An Ashland man who previously entered a guilty plea to sexually assaulting a woman has allegedly refused to take a sex offender evaluation prior to his sentencing.

David A. Mitchell, 59, was indicted on charges of first-degree rape and fourth-degree assault in November 2021.

While Mitchell's legal battles following his official charges never elaborated much on the specific assault, previous reports indicate it was domestic in nature.

In June, Mitchell attempted to throw out his guilty plea, as his attorney cited competency concerns, adding his client entered the plea while confused or under duress.

Boyd Circuit Judge George Davis ruled Mitchell entered his plea knowingly and intelligently, and Mitchell was set for sentencing.

In Kentucky, a convicted sexual offender undergoes a pre-sentence evaluation that determines an offender's threat to public safety and considers if, or what type of sex offender treatment could be beneficial while incarcerated.

On Friday in Boyd County Circuit Court, Assistant Commonwealth's Attorney Gary Conn said Mitchell has refused the report but believed the court could proceed with the sentencing hearing regardless.

Davis scheduled Mitchell's sentencing for Oct. 13 to give Mitchell time for another chance to complete the assessment.