McCook man sentenced for assault

Tuesday, April 13, 2010

A McCook man convicted of sexually assaulting a child was sentenced Monday to 12 to 16 years with the Nebraska Department of Corrections and must register as a sex offender.

Richard E. Hoffman, 68, of 909 W. Fourth, was represented by his attorney and appeared in court Monday for his sentencing.

At prior court hearings. Hoffman pleaded no contest in a plea agreement to the amended charges of attempted first degree sexual assault and sexual assault of a child, both felonies. He was found guilty of the charges in February by District Court Judge David Urbom.

He was originally charged with two counts of first degree sexual assault of a minor (when the child is less than 16 years old) and four counts of sexual assault of a child (when the child is less than 14 years old) in Red Willow County.

As part of the plea agreement, eight sexual assault charges in Alliance and four in Hitchcock County were dismissed.

According to the charges, Hoffman allegedly attempted to sexually assault a minor less than 16 years old on or between 1997 to May 2003 and sexually assaulted a child less than 14 years old between July 1998 and May 2003.

In his closing argument, special prosecutor William Tangeman, of the Nebraska Attorney General's office, said because Hoffman took no responsibility for the crimes, he was not a good candidate for rehabilitation or probation.

State retribution rather than rehabilitation is fitting in this case, Tangeman said, as probation is used typically for those who commit a minor crime and see the error of their ways. Tangeman called for incarceration of 10 to 15 years, per the plea agreement, as anything less than that would "be an injustice."

Hoffman's attorney, Sean J. Brennan of Lincoln, countered that the extended period of time from when the alleged crimes occurred should be considered in sentencing.

"The passage of time cannot be ignored," Brennan said. Crimes reported and investigated immediately are better for everyone, he said but with delay, "the more muddy the whole scenario becomes, for a judge to impose a sentence with certainty."

There is no statute of limitations for victims of child sexual abuse. In Nebraska, the statute of limitations is suspended for victims who were abused as minors until they reach the age of 21, after which they have four years to institute legal action.

Judge Urbom said when sentencing, he considered the fairness to the defendant as well as for the public's best interest. He continued that his objective in sentencing is either to punish, rehabilitate or deter other people from committing the same crime.

Urbom said he took into account the defendant's age, education, socio-economic background, criminal record or lack of and nature of the offense. But he couldn't ignore that Hoffman was convicted of two felonies or ignore the facts as presented.

Hoffman was not suitable for probation as anything less than the sentence would "de-appreciate the seriousness of the crime," Urbom said.

In addition to the 10 to 12 years, Hoffman was sentenced on the second charge to 20 to 60 months with the Nebraska Department of Corrections, to be served concurrently.

Hoffman will serve at least six to eight years.