Timothy Scholar was sentenced Monday to up to six years in prison for third-degree sexual assault of a child and two years for each of two counts of enticement by electronic devices.
The sentences were handed down in Lincoln County District Court.
Scholar, 27, was convicted on Sept. 24, after he pled no contest in an agreement with the county prosecutor.
He was arrested Sept. 6, 2017 and originally charged with first-degree assault of minors. The assaults occurred between Feb. 1 and March 31, 2016.
Police said information including text messages between Scholar and the victims indicated some type of sexual contact occurred, and further investigation showed Scholar had oral sex with one girl and digitally penetrated the other. The girls would have been have been around 13-14 years-old at the time of the assaults.
After looking over the pre-sentence investigation report, Chief Deputy County Attorney Tanya Roberts-Connick asked for the prison sentence.
In response, Defense Attorney Matt Pederson said before this case, his client had very little criminal history and the PSI said he was a low risk to reoffend. Pederson also noted that Scholar saved the county the expense of a trial and having the victims testify and asked the court “to give that some consideration.”
On his own behalf, Scholar said his young son was in the courtroom and he wanted to let him know that he loved him.
“Time in here changes a person,” he added, “and I just want to do everything in my power to make a good family for him and have the respect he expects me to have, from now on.”
Lincoln County District Judge Richard Birch noted that the PSI did not recommend probation.
“I am giving you consideration for saving time and money with your pleas, and because you have a minimal record, but these are extremely serious offenses and anything less than a period of incarceration in the penitentiary would depreciate the seriousness based upon the ages of the victims,” Birch said.
Birch ordered three years in prison plus nine months post-release supervised probation for each of the sexual assault convictions, and ordered them to be served one after the other.
Also, for the two enticement charges, he sentenced Scholar to two years in prison plus nine months’ probation. Those two sentences will be served at the same time as the assault sentences.
That means Scholar will spend up to six years behind bars, less any good time, followed by 18 months of supervised post release probation.
Birch gave him credit for 426 days he’s already served since his arrest, and told Scholar that for the next 25 years he will be required to register as a sex offender.
In other court proceedings Monday, Melissa Guillaume was sentenced to 30-days in jail, five years’ probation and ordered to pay $500 each month restitution during that time for abusing and exploiting a vulnerable adult, and theft.
Guillaume, 40, was convicted on Aug. 20. She was in charge of an elderly woman and took money from her account, prosecutors said.
Before sentencing, Defense Attorney Stephen Potter called her to the stand and asked about her employment history, new job and ability to pay restitution.
Guillaume said she could pay $500 a month.
Deputy County Attorney Kortnei Hoeft cross-examined, but the witness’s responses could not be heard because the microphone on the witness stand was not turned on and neither woman spoke up.
Following questioning, Hoeft recommended a minimum of two years’ probation, with restitution to be paid during that time.
Potter agreed it was important to make restitution and recommended $500 a month.
Birch asked Hoeft for the exact amount that is due. Hoeft said it was more than $350,000.
Birch checked and found the exact amount in the records, $352,609. He said efforts should be made to pay the full amount to the estate of the victim, Lillian Guillaume.
Birch asked Melissa Guillaume if she had anything to say before he pronounced sentence.
She stood and turned to the victim’s family members in the courtroom and said, “I am sorry.” Birch said although five years’ probation with $500 monthly payments would fit her budget, it would not restitute the entire amount but she should try and pay the full amount.
“That $500 a month is a minimum,” he said. “If you can, you should pay more to the estate and relatives.”
Potter asked for a little time before Guillaume reports to jail, so she could make arrangements for a work release and keep her job.
Birch gave her one week, ordering her to report on Nov. 12.
Likewise, Bradley Miller, 45, was sentenced to 24 months’ probation for theft by deception $500-1500 value and ordered to pay restitution.
Miller pled no contest to the reduced charge in an agreement worked out by his Defense Attorney Kent Florom.
For nine months, Between Jan. 1-Oct. 1, 2016, Miller used a relative’s credit card to purchase merchandise at Cabela’s.
Hoeft said Miller has paid back $2,500 of the $31,264 charges he made on the card.
Florom said his client works for the railroad and has the ability to meet the restitution requirements of probation.
Birch ordered him to pay the balance of $28,764.28 during probation.
Catrina Lopez was resentenced to 364 days in jail plus nine months post-release supervision for attempted possession of a controlled substance with intent to deliver after she admitted violating her probation.
Lopez, 36, was charged in February and sentenced in June. She failed to show up for her first probation meeting in early August, after leaving the probation office an incorrect address. Her probation officer could not reach her, so an arrest warrant was issued, according to court records.
Birch revoked her probation and sent her back to jail. He gave her credit for the 47 days she has served awaiting her court appearance.
Nicholas Ohmes, 29, was sentenced to 180 days in jail and nine months post-release probation for his second conviction for third-degree domestic assault.
He pled no contest in a deal that dropped a charge of child abuse.
Birch gave him credit for 137 days served, which satisfied his sentence, and allowed him to use extra days served to cover fines and court costs.
Sean Morrissey was sentenced to 24 months’ of substance abuse probation for two counts of possession of controlled substances.
Morrissey, 22, pled no contest in a deal that dropped a more serious charge of possession with intent to deliver.
He was arrested in July after law enforcement investigated a suspicious car that was stopped on W. Platte Valley Road.
They found Morressiy passed out in the car with Adderall and Xanax pills in his possession, for which he had no prescription.
County Attorney Rebecca Harling said it is in Morressey’s best interest to follow through with substance abuse counseling.
“It is imperative for him,” she said.
Charles Tyan, 52, was sentenced to nine months’ probation for third-degree assault.
Robert Cheever Jr. appeared for a status hearing on charges of theft by receiving stolen property and driving under the influence and found himself in more trouble.
Cheever, 49, was out on bond with a “no alcohol” condition while awaiting his court appearance, as well as testing and searching without probable cause.
He was removed from the courtroom, tested, and alcohol was found in his system.
The prosecution asked that his bond be revoked.
Birch revoked bond, continued his status hearing and sent Cheever back to jail.
Cheever, upset, said he tried to contact the authorities and “not come in” to court, apparently trying to avoid a test because he realized he would not pass.