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Courts Roundup: Six years to serve for repeat sex offender

Posted: February 11, 2014 - 12:01am

Six years to serve for repeat sex offender 

A 23-year-old repeat sex offender has been sentenced to serve 12 years in prison with six years suspended and 10 years probation for having sex with a minor.

Juneau Superior Court Judge Louis Menendez imposed the sentence for former Juneau resident Maxwell T. Johnson on Jan. 29.

Prosecutors said Johnson had sex with a 14-year-old girl, who could not legally consent given her young age, on two occasions in 2012 when he was 21.

Johnson was indicted last year on two felony sex crimes (one count for each sexual act), and he later pleaded guilty to one consolidated, reduced felony charge.

Assistant District Attorney Angie Kemp told the judge that Johnson previously was adjudicated of a sex crime as a juvenile. She said Johnson touched a 5-year-old child on the genitals when he was about 14 years old. He has been in the custody of the juvenile justice system since that time, until he “timed out” at 19 years old.

A juvenile probation officer, Shannon Dilley, testified at the sentencing hearing for prosecutors that Johnson struggled with sex offender treatment and displayed aggressive behavior toward his peers and staff.

Menendez said he found it “troubling” that soon after Johnson was released from custody, Johnson violated the law again despite the state’s attempts to rehabilitate him.

“Treatment was given to him on a plate, and he chose not to take that plate,” the judge said.

Assistant Public Defender Timothy Ayer said Johnson and the 14-year-old girl were in a months-long relationship, which her parents disapproved of. He said factually the girl gave consent to have sex, but legally she was not old enough to.

Ayer said his client should have known better and that Johnson wrote a letter of apology to the victim and her family. Johnson stated in the letter that he feels regret and remorse, and while it’s not excusable, alcohol abuse and the loss of his mother clouded his judgment.

Since Johnson did not have any prior felony convictions as an adult, he fell under a presumptive sentencing range of two to 12 years in prison. The judge found two aggravating factors that allowed that range to exceed the maximum.

Prosecutors asked for 15 years with five years suspended (10 years to serve), while the defense asked for eight years with five years suspended (three years to serve).

 

Man gets jail time for domestic violence assault

A 27-year-old man was sentenced to three years in prison, with half that time suspended, for assaulting his girlfriend last year.

Juneau Superior Court Judge Philip Pallenberg also imposed four years probation for Ryan Cook.

Cook admitted to choking his girlfriend during an argument at their home on Oct. 19, and he pleaded guilty to felony assault.

Since he did not have any prior felonies, Cook was presumptive to serve between zero and two years in prison for the Oct. 19 assault at the couple’s home. Pallenberg found two aggravating factors that upped the sentencing range.

Prosecutors said Cook has a history of past assaultive behavior with girlfriends and was convicted for assault in Washington in 2010 and 2011.

Cook apologized to the victim in the courtroom and said he’s taken steps to better himself since the attack, such as signing up for anger management classes offered at the jail.

The victim bid him “farewell” when she read aloud a victim impact statement in court. She said she is still dealing with emotional distress and anxiety from the attack, but is looking forward to being able to heal.

“Today is where I step out of the role as a victim in the legal world and into the shoes of a survivor,” she said.

The judge’s sentence was in accordance with what prosecutors had requested. The defense had requested a lower sentence — six to eight months to serve.

 

List of indictments issued in January, February

A Juneau grand jury issued three indictments on Jan. 24. According to the indictments, they are as follows:

• Chase A. Martin, 19, was indicted on one count of escape in the third degree to removing himself from a correctional facility while being held on a misdemeanor charge on Jan. 14. That’s a class ‘C’ felony that can be punishable by up to five years in prison.

• William D. Whittington, 22, was indicted on one count of burglary in the second degree for entering or remaining unlawfully in a building, Community Waste Solutions on FAA Road in Haines, on Jan. 20. That’s a class ‘C’ felony.

• Derek K. McMillian, 39, was indicted on one count of escape in the second degree for removing himself from official detention for a felony on Jan. 3. That’s a class ‘B’ felony that can be punishable by up to 10 years in prison.

Indictments issued Jan. 31:

• Sky L. Stubblefield, 23, was indicted on misconduct involving a controlled substance in the second and fourth degrees for possessing heroin with intent to deliver and possessing heroin, respectively, on Jan. 16. The former is a class ‘A’ felony that can be punishable by up to 20 years in prison, and the latter is a class ‘C’ felony.

Indictments issued on Feb. 7:

• Kerin M. Moore, 42, was indicted on one count of felony driving under the influence. That’s a class ‘C’ felony.

• Valerie L. Parkinson, 31, was indicted on one count of misconduct involving a controlled substance in the fourth degree for possessing methamphetamine on Jan. 3. That’s a class ‘C’ felony.

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