Man pleads guilty to assault

Bomgardner serving consecutive prison, jail sentences

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— A 50-year-old registered sex offender has pleaded guilty to sexual assault in a case involving a teenage boy.

The sexual assault case against Van Barton Bomgardner was scheduled to go to trial earlier this week, but court documents show Bomgardner pleaded guilty to sexual assault of a 10-year age difference with extraordinary aggravating circumstances, a misdemeanor, and failing to register as a sex offender, a felony.

As part of the plea agreement reached with the 14th Judicial District Attorney's Office, the other charges Bomgardner was facing, including contributing to the delinquency of a minor and a felony sexual assault, were dropped.

District Judge Shelley Hill sentenced Bomgardner to two years in Routt County Jail on the sexual assault charge and three years in the Colorado Department of Corrections for failing to register as a sex offender. Bomgardner received a 173-day jail credit for time already served.

Despite being convicted of two other crimes involving minors, Bomgardner was not designated as a sexually violent predator. Instead, Bomgardner will be required to register as a sex offender upon his release from prison.

Bomgardner was arrested by Steamboat police last fall on suspicion of sexually assaulting a teenage boy on Thanksgiving at the home of a mutual friend.

Court documents indicate Bomgardner "feels he is not guilty; however, he does not want to go to trial."

During Bomgardner's sentencing, Deputy District Attor-ney Andy Heyl told the court the victim's family had agreed to the stipulation.

Bomgardner did not make a statement during the sentencing.

- To reach Alexis DeLaCruz, call 871-4234

or e-mail adelacruz@steamboatpilot.com

Comments

candylane 6 years, 9 months ago

Well, he was required to register as an offender when he got out and did not, so he goes back in and then he'll be released and be required to register.....hmmmm seems like we're back at square one with the third child waiting in the wings for his return home!

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JQPUBLIC 6 years, 9 months ago

They should never have offered this guy a plea agreement, they should have put all the charges before a jury (of parents). Hadley is right, if this guy thinks he's done no wrong, what will he do when he gets out (at half sentence for good behavior). Candy, this is the type that gets out and just moves on, not registering anywhere.... I'm really frightened for his next victim.

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id04sp 6 years, 9 months ago

Chief Justice O'Hara told prosecutors and attorneys to craft plea bargains to save the time and expense of trials a couple of years or so ago.

YOU voters kept O'Hara during the last election. You had your chance and blew it. Better luck in 2012.

Meanwhile, this dude should be back on the street before the 2012 election, and he won't be a "sexually violent predator" when he comes back, thanks to the plea bargain.

Why don't you write this stuff down and read it again in November 2012? Oh, and Judge Hill will be up for retention for the first time in 2008, I think.

When your kids' pictures from kindergarten come down, why not put those magnets on the refrigerator to good use and save these articles to remind you how things operate in your courts. Which kids will become victims in the future? Remembering the lenient history for sexual criminals in the Routt County District Court, and voting accordingly when our judges come up for retention in the future, is something you CAN do to protect our children.

So just DO it.

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JQPUBLIC 6 years, 9 months ago

There needs to be mandatory sentences for these guys, personally I'd rather have them castrated.

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username 6 years, 9 months ago

I urge community members to view the registered sex offenders on the Stmbt.police and sheriff's dept. web sites.Unbelievable this guy wasn't on either of them,although he was on quite awhile ago.Also unreal that some of them are in close proximity to schools.Parents- need to be aware and show your kids who these people are. This guy is as sick as they get.

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id04sp 6 years, 8 months ago

This is Bull#$#!+. Judge O'Hara himself told the local DAs and attorneys to craft plea bargains to avoid the expense of trials because the state court budgets had been cut.

Judge O'Hara sentenced a sex offender to a light sentence as a result of a plea bargain, and then blessed the guy out in court, telling the perp he was getting off easy. And yet, Judge O'Hara could have rejected the plea bargain.

If our state judges enforced the laws regarding perjury by attorneys, there would be a lot fewer frivolous civil actions going on, and more money available to spend on prosecuting sex offenders.

If our local judges obeyed federal law, there would be less crime and fewer deprivations of our basis civil liberties and rights to such things as equal protection and due process.

Would I want my kid to take the stand? No. But he would. Why? To save some other kid from being molested. What's the difference between a trial that is lost and a plea bargain that puts a dangerous offender back on the street without a more serious criminal conviction history? Not very much. It's the record of prior convictions which leads to the harsher sentences and sanctions against convicted offenders.

What's really behind this? Your state does not want to bear the expense of incarcerating sex offenders who don't really cause physical harm or put lives in danger. A few screwed-up kids who are molested by a person who does not use violence are the cost to our society of our state saving money.

So chew on them facts, FYI.

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dundalk 6 years, 8 months ago

Smith & Wesson and a CCW, self defense and retribution.

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fyi2007 6 years, 8 months ago

For those of you who are angry with the judge and D.A. in this case there is something all of you should be thinking about. The judge is bound by the restrictions of the law, no matter what their personal opinion the sentences they hand down are based on the restrictions put on them by your legislators. The D. A. is in much the same situation because they are only able to prosecute based on the facts given them and the witnesses they can bring into court to testify. If the case involves a minor it is much more difficult for all involved, would any of you want your child to take the stand, tell what happened to them and then be open to the defense who will try to either make it look like the child is lying or confused about what actually happened? In most cases it is a no win situation for victims, prosecutors, judges and the public. Your elected officials are the ones making the laws and tying the hand of the courts.

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Matthew7_1_5 6 years, 8 months ago

id04sp, wow, you're very upset about this issue. Many of your posts seem arrogant and angry. I guess this type of forum provides you with a place to vent.

JQPUBLIC, castrated? Wow, that sounds unconstitutional. I assume you're using hyperbole, but I'm surprised that comment wasn't taken out. It is difficult to keep personal feelings out of the way of objective thinking.

I don't know what the answer is to this, but blaming various people isn't a solution. id04sp and JQ get involved in volunteer work to help the victims of this kind of crime. Maybe that would help you while helping others.

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id04sp 6 years, 8 months ago

Matthew and SMB,

I would tell the victims, "I am sorry for what happened to you. You will be screwed up for the rest of your life because of it, and it will probably affect your adult sexual relationships. Putting your molester behind bars for as long as possible is the best thing you can do, because it will protect other kids from what happened to you."

FYI, I was once married to a victim of sexual abuse. Her father did it. She tried to commit suicide at age 9 but couldn't figure out how to release the safety on the gun. It was not her only attempt. OH, and her mother let it go on (there were 4 sisters in the house) because -- guess what -- she was also a victim of abuse.

There were four pretty screwed-up lives that resulted from that little happy home, and the last time I had any contact with them, many years ago, the 4 girls had been through 9 divorces. Any more questions?

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smb93 6 years, 8 months ago

Right on Matthew7, I couldn't have said that better myself.

This forum does seem a good place for people to vent. Apparently the anger is so strong that people on this forum have the nerve to speak unkindly to the mother of this man's three children.

This man is sitting in jail and will do his time in prison as well. I doubt he will get out early for good behaviour, he is a repeat offender. So why not focus on something useful, like helping those who are victim to this type of crime.

You seem to have a lot to say id04sp, what would you say to one of this man's victims?

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smb93 6 years, 8 months ago

What are you? Some kind of pervert.

I cannot believe you asked me that. If you have lived with a victim like you claim then surely you would not have the nerve to ask such a personal question. Not to mention you are totally out of line.

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Hadleyburg_Press 6 years, 8 months ago

FORUM:

A public meeting place or medium for OPEN discussion

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Hadleyburg_Press 6 years, 8 months ago

Okay, so matt wants us to focus on the victims. Problem with that approach is that we continue to have victims. Let's try a novel approach and try to find a way to PREVENT further victims? Okay, so we will have to publicly discuss a rather unsavory subject, warts and all. Feelings are going to be hurt, children may have to testify, but if it helps PREVENT another molestation then how can we not? Tough decisions will have to be made. Silence equals complicity in the next PREVENTABLE event. Why must we be sensative to the needs of the perp? Why can we not find a way to ensure that there will never be the possiblity for a repeat offender in this type of crime? No mercy. I say, the best thing that we can do for victims is to ensure that they never become one in the first place.

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smb93 6 years, 8 months ago

Actually, Dundalk I am a survivor not a victim.

And I don't mind people responding to my comments and questions at all. I just don't think people need to be so rude. Since I remain anonymous I get the feeling that I am not taken seriously. This is my last comment, just watch you say: What goes around, comes around. Someday maybe you will understand why I posted on this forum in the first place.

I am no longer wasting my time here.

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id04sp 6 years, 8 months ago

Hey, staff,

How about removing the one where she called me a pervert since you removed the post where I explained the clinical use of the word "intercourse" in a discussion of child sexual abuse?

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Hadleyburg_Press 6 years, 8 months ago

Better yet, let's remove all of the comments and keep this as a dirty little secret. God forbide that we should have an open and honest adult conversation about a critically important topic. This forum is anonymous remember. No one's feeling should be getting hurt unless they volunteer themselves up within the context of the discussion. This paper has done a disservice to the community in this process in my opinion. Life is full of difficult subjects, so put on a helmet and grow a tougher skin web master / editor... So, am I to be banned now, or does this pass your litmus test for civil, sterile, and utterly meaningless discourse?

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smb93 6 years, 8 months ago

Everyone,

I have no idea what is going on here. This is SMB93 and I have suggested removal for the last two days. I know I said I would not waste my time here anymore, but I keep checking to see if my comments have been removed.

By the way, I was not intending to stir up this whole forum. I should have stayed away in the first place. I was not ready for this, I'm just trying to heal. This is clearly not the place for me to speak so post away. Not that anyone needs permission. In fact I was seeking closure with him when I stumbled across these articles. Finding him this way made everything worse. Don't ya just love Google. Apparently they really do have an answer for everything. That is how I was lead to your paper.

PS, id04sp, I do not think you are a pervert. I was not expecting the whole intercourse question. That is not an issue I would discuss on this forum anyway. And my husband can relate to you, I do not have any issues with the toaster(my heart goes out to her) but I fall into victim mode and stay there for bouts at a time. I'm sorry I was so rude, but that was a bold question. And yes I realize I opened myself up to it.

smb93

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dundalk 6 years, 8 months ago

That took guts and courage, and speaks volumes as to the type of person you probably are. Well done SMB93!

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Hadleyburg_Press 6 years, 8 months ago

smb93, You have my deepest respect. Your courage and honest dialogue will in no doubt assist in preventing this type of crime in the future. Thank you and may the rest of your life be filled with good and poignant moments. Sincerely, HP

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id04sp 6 years, 8 months ago

SMB,

Sorry if I caused you pain. My aim was to raise awareness of the damage done by offenders and try to protect others.

The victim is the person injured most, but spouses and children also bear the burden down the line. People don't talk about such abuse until many years later in some cases, when the issue causes problems. It took seventeen years for the facts to come out in my ex wife's case. The facts explained a lot that happened over those 17 years -- there was a real big, "Oh! Yeah. Of course! Now it all makes sense."

Too bad for everyone involved, all because one adult continued to get away with it for at least 10 years, involving four different children. That's why these guys should be put away for a long, long time every time we get the chance.

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smb93 6 years, 8 months ago

HP,

Thank you, that means a lot to me!

Id,

I'm glad we end on a good note. No wonder you speak so fiercely seventeen years is a long time. I'm glad you know the facts, that must have been a long seventeen years. I think it is sad that so many people have to suffer because our system does cheat us (victims and their families.) I'll never forget you!

Everyone,

While I am no longer going to post on this article, I am going to keep my account open. My experience on this forum has been a real eye-opener!

HAPPY POSTING EVERYONE, smb93

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