Man gets prison in assault case
July 12, 2005
A Steamboat Springs man charged with attempted sexual assault on his daughter was sentenced Tuesday to three years in prison.
The 38-year-old man, whose name is being withheld to protect the identity of his victim, appeared in District Court for sentencing.
The man was charged in relation to an incident that happened more than two years ago. He was arrested Nov. 17, 2004, after Steamboat Springs Middle School officials reported information about the alleged assault to authorities. The assault was mentioned during a school activity and did not occur at the middle school. The alleged assault was not associated with the middle school except that it was first reported there.
The man entered a guilty plea of attempted sexual assault on a child by a person in a position of trust, a Class 3 felony.
Judge Paul McLimans told the man he hopes he “recognizes the errors of his ways” after sentencing him to three years in prison and a “discretionary parole” term.
Deputy District Attorney Tammy Harrell asked McLimans to amend the approved plea agreement to delete the requirement of a mandatory parole because the laws regarding parole have changed since the man committed the offense. With the discretionary parole, it will be up to the parole board to determine how many years of parole, if any, the man will face after he serves his three-year sentence.
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Horner also asked that McLimans consider having another sex offender report evaluation done on the man so that he can be “appropriately placed in the Department of Corrections.” Horner, in turn, asked that McLimans not sentence the man until a later date.
Harrell objected to the man being given another evaluation and said that it probably would be the same as the first evaluation. McLimans also doubted that a second evaluation would reveal anything different in the man’s case and continued with the sentencing.
The man already had been convicted of two other felonies, and McLimans said he thought the three-year sentence was light.
“I would be inclined to sentence you longer,” he said.