Thomas Eugene Scheffer received the three-year deferred prison sentence because jurors found that he licked his fingers during an investigation into the alleged sex assault. He faced a maximum penalty of 10 years in the Montana State Prison and a fine of $50,000.
District Judge Robert L. “Dusty” Deschamps III told Scheffer that he should be grateful for the outcome at trial, and for the deferred sentence.
Last August, Scheffer was arrested on charges of sexual intercourse without consent and evidence tampering, both felonies. He also was charged with unlawful restraint.
Court records accused Scheffer of sexually assaulting a woman outside the Huson Six Mile Bar.
Although jurors found Scheffer innocent of the rape charge last month at trial, they convicted him of tampering with evidence by licking his fingers, which he allegedly had used to penetrate the victim, even though he was later cleared of that charge.
Scheffer's defense attorney, Paul Cooley, argued at trial that the alleged victim lied about the events of the evening, and said her testimony conflicted with the physical evidence of the case.
Cooley recommended that Scheffer “be given a six month deferred sentence on the condition that he not drink alcohol or go into any place whose primary function is to serve alcohol,” according to a sentencing memorandum.
The state recommended a three-year deferred sentence, which Deschamps granted.
Prosecutors said a six-month deferred sentence was inappropriate because, due to the defendant's criminal past - which includes 47 traffic violations and a previous allegation of sexual assault that was later thrown out - he needs to be monitored by a probation officer for a longer period of time.
If he successfully meets the conditions of the deferred sentence, the charge will be erased from his criminal record.
But Cooley said Scheffer has already given up approximately one year of his freedom and incurred approximately $38,000 in attorneys fees for an alleged crime a jury ruled he did not commit.
“My thought is, it wasn't a conscious thought of (Scheffer) licking his fingers” at 2:30 a.m. during police questioning, Cooley said. Scheffer was also under the influence of alcohol at the time.
Cooley and Scheffer did not agree with Deschamps' sentencing decision, and submitted a notice of appeal before leaving the courtroom.
“I think putting someone, Thomas Scheffer, through the system is a waste of resources,” Cooley said. The sentence, he said, places a man in jail for a crime that a jury said he didn't commit.
Deschamps said the three-year sentence was appropriate because it followed recommendations from a probation officer and the state.
Deschamps said deferred sentences are designed for “young kids who make stupid mistakes” so they can learn from them and have the crime wiped from their record. He thinks Scheffer will continue to misbehave if not sentenced to three years deferred.
“I'm going to treat you like a teenager because you've been acting like one for 43 years,” Deschamps told Scheffer. The judge said he hoped the punishment would be a “wake-up call.”
“I'm giving you, as I see it, a significant break considering your age,” Deschamps said.
Deschamps credited Scheffer's two days served in jail as $150, which will be subtracted from his $1,000 fine.
Amy Faxon is a newsroom intern for the Missoulian. She is a journalism student at the University of Montana.
|
 |
 |
Add your comment now! Write your comment in the form below.
(Email address is for verification only. If you'd like to email a story, look for the link above)