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September 2008 |
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Man sentenced to 35 years for child molesting |
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Tuesday, October 23 2007 |
By TJ HEMLINGER
Staff writer
A 34-year-old Columbia City man was sentenced to 35 years in prison with 25 to be served according to a plea agreement on two counts of child molesting Monday morning in Circuit Court.
Gary L. Kimmel also must register as a sex offender when released.
“This will have lasting damage to his family,” prosecuting attorney Matt Rentschler said. “He will be thinking of his actions the rest of his life.”
His victim was 10 years old.
Judge James Heuer, in handing down the sentence, said, “These are horrible crimes and will have a lifelong impact on the victim. People have been severely wronged here.”
He cited three aggravating circumstances: Kimmel violated a position of trust, it was not an isolated incident and his history of alcohol abuse. Heuer did note that he had no prior felony convictions and that a long period of incarceration would be a hardship on his family.
In the second of four sentencings Monday, a 25-year-old local man with a history of five misdemeanor convictions and two felonies received a 10-year sentence for two counts of dealing in a controlled substance after he sold fentanyl to a confidential informant.
Fentanyl is an opioid analgesic with a potency 80 times that of morphine.
Terrance Michael Ward had a series of family members and people familiar with his work ethic testify before the court.
His adoptive mother told the court, “He wouldn’t have sold (the drugs) unless asked to.”
It came out during the hearing that Ward was afraid she would be the victim of abuse unless she raised some money.
“He has worked really hard to turn his life around,” his mother said.
His attorney, Harry W. Foster III, told the court, “He admits what he did. He probably wouldn’t have done it if his mom hadn’t provided the drugs. She got the money.”
Ward said, “I have seen her get slammed around and hit in the face. I wasn’t doing that (selling drugs) to make money.”
Ward’s wife, stepson and mother-in-law testified to his devotion to his family, and two of his supervisors at the Churubusco McDonald’s said he was an excellent employee.
But Rentschler pointed out, “He’s not a stranger to the criminal justice system. He has an awful history of violent problems. His frequency of arrests had slowed down, and we had hoped he (was changing). But that doesn’t relieve him of responsibility. Because of his criminal record the sentence is not suspendable.”
Heuer said, “I do appreciate the fact that you were doing a lot better lately, but you’re not going to get six years of house arrest.”
He did promise to consider Ward for assignment to work release if and when he becomes eligible.
In a third case, Roger N. Sexton Jr., 26, of South Whitley, received a 14-year prison sentence with 12 to be served on a charge of sexual misconduct with a minor, in this case a 15-year-old girl, a Class B felony.
He must get treatment as a sex offender and register as one when released.
“I’m sorry,” Sexton, who has two children and a third on the way, told the court. “I just want a chance to take care of my children.”
His attorney, Terry Smith, said Sexton, who has been diagnosed as manic depressive, has responded positively to medication and a long prison sentence would cause an undue hardship on his children.
Rentschler said, “He has a prior conviction for a sex offense and a poor history of behavior under the rules of probation. He committed this offense while on probation.”
Heuer, noting that he had six misdemeanor conviction, one reduced from a felony, and two felonies behind him, said, “Mr. Sexton, you’re no stranger to the court system.” He listed aggravating circumstances as his prior criminal record, he was already on probation, he had previously violated probation and it was his second conviction as a sex offender.
In the fourth sentencing, David E. Hicks, 27, of Warsaw, got a 12-year sentence for attempting to deal methamphetamine and another two years to be served concurrently for theft. The sentences are to be served consecutively to charges he also faces in Noble County.
Hicks’ attorney, Jeffrey Arnold, told the court he got his drug habit while in prison on a previous charge.
“He went in a burglar and came out a drug addict,” he said. “Prison will be a difficult time for him. He has a learning disability and was in special ed in school.”
Rentschler said, “He’s there because of his own choices. He chose to commit a series of burglaries, he chose to use meth, and he chose to attempt to manufacture meth.”
Heuer said that Hicks had a “significant” criminal history, including two misdemeanors and 10 felonies, nine of them from one sentencing order. Hicks committed his most recent crime while on bond. |
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Last Updated ( Wednesday, October 24 2007 )
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