AUGUSTA — A South China man pleaded guilty Thursday to a class C charge of unlawful sexual contact and unlawful sexual touching of a girl who was 10 years old at the time.
Cary J. Allen, 30, made the plea under a deferred disposition arrangement that allows him to withdraw the plea to the more serious charge if he stays out of criminal trouble for the next year.
Allen was originally indicted on class A and class B charges of unlawful sexual contact that were dismissed Thursday at a hearing at the Capital Judicial Center, and the charges were then replaced with the two other lower-level felony charges filed by the state, both with lower penalties.
The prosecutor, Assistant District Attorney Frayla Schoenfeld Tarpinian, said the new charge of unlawful sexual contact carries a maximum penalty of five years in prison. It alleges the offenses occurred between Nov. 1, 2010, and Feb. 28, 2011, in South China.
The prosecutor said the offense occurred when the girl was home from school for a snow day.
The victim’s father watched the proceedings but did not speak to the judge.
A problem arose recently when the person who was to be the corroborating witness was accused of filing a false report in a different case, according to the prosecutor.
“There is no other evidence than the victim’s testimony,” Schoenfeld Tarpinian said, adding that the girl listed as the victim is now 14 years old.
Schoenfeld Tarpinian said the victim was in favor of the deal because it would allow her family to move forward.
Allen’s attorney, Lisa Whittier, told the judge, “It’s a very trial-able case.”
However, rather than go to trial in April, Allen opted to enter an Alford guilty plea, indicating that while he didn’t admit doing it, a jury hearing testimony as outlined by the prosecutor would be likely to convict him.
Justice Michaela Murphy warned Allen that failing to comply with terms of the deferred disposition would result in his conviction on the felony charge, a sentence of up to five years in prison, and a requirement that he register as a sex offender under the state’s Sex Offender Registration & Notification Act.
On the conviction for of unlawful sexual touching, Allen was sentenced to 10 days in jail and ordered to report to the jail Thursday.
Special conditions of the deferred disposition prohibit Allen from contact with the victim and her sister and to undergo counseling. If he complies, the remaining charge of unlawful sexual contact would be dismissed during a hearing on March 21, 2017.
Betty Adams — 621-5631
Twitter: @betadams
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