ELWOOD — An 48-year-old Elwood man was sentenced to two years in prison and must register as a sex offender for 25 years for an amended felony charge in Gosper County District Court.
The man was originally charged with sexual assault of a child, incest and child abuse, and pleaded no contest to the amended charge of attempt of a Class 3 felony, according to court records.
The man’s lawyer, Richard Alexander of Hastings said in his address to the court, “It is mind boggling he is in this situation, he does not remember his actions. I can’t understand how he could be involved in this.”
Alexander said there was no evidence this man was violent and asked Judge James Doyle to consider probation, saying he didn’t see his client as a risk to society.
“He is deeply sorry and regrets his actions,” Alexander said.
Between tears and sobs, the 48-year-old man addressed Judge Doyle and the court. “I’m sorry,” he said before having to compose himself.
“I do not remember the acts I am charged with, I have questioned myself if I did these acts, how could I do these acts?” he said.
Judge Dolye said he considered the nature and seriousness of the offense. He said regardless of the man’s thoughts, the action still occurred. Doyle said the man, “Violated the personhood,” of the victim and, “It was an invasion …the person was utterly defenseless.”
Doyle said he did not find the man fit for probation and said if this was the only sentence it would promote disrespect for the law.
The man was sentenced to two years in prison, with 70 days of credit already served. He must register as a sex offender for 25 years and will be on 12 months post release supervision.
Doyle said, during a hearing in April, on Sept. 14-16, 2018, the man did sexually assault a child. Gosper County Attorney Beverly Louthan said on Sept. 21 the Gosper County Sheriff’s Office was contacted about alleged sexual abuse.
The Family Advocacy Network in Kearney conducted interviews with the victim and determined the man had submitted the child to sexual contact in his home, said Louthan.