Island County Superior Court Judge Alan Hancock will likely decide this Friday if a 20-year-old Oak Harbor man allegedly caught pants-down with a minor should register as a sex offender.

Davis Smolen pleaded guilty to communicating with a minor for immoral purposed Sept. 28. He was sentenced to six months in jail and a year of community supervision.

Smolen was originally charged with the third-degree rape of a child, but pleaded to the lesser offense as part of a plea bargain.

According to court papers, Oak Harbor Police Officer M.E. Lolmaugh investigated a car parked at the City Beach boat ramps at about 2:30 a.m. May 10. He shined his flashlight in the window and saw Smolen with no pants on and a girl with her shirt up.

He later discovered that her panties and bra were on the car seat, and a bottle of booze was on the floorboards.

Lolmaugh arrested Smolen on suspicion of minor in possession and transported him and the girl to the police department. The girl said that she was 15 years old and snuck out of her house while her mother was asleep.

Lolmaugh wrote that Smolen admitted that he knew the girl was 15 years old and that he had sexual intercourse with her in the car. Smolen also said that he picked the girl up at her house and gave her rum and Coke, court documents show.

The girls’ mother said she had warned Smolen that he “had no business hanging out with a 15-year-old girl.”

The prosecutor made a motion Dec. 14 to require Smolen to register as a sex offender. The hearing is set for Dec. 21.