Judge's sex offender ruling questioned

Teen sentenced to probation, no jail time

Updated: Saturday, 21 Mar 2009, 12:39 AM EDT
Published : Saturday, 21 Mar 2009, 12:39 AM EDT

Many of you are pouring out your concerns about a circuit court ruling that puts a convicted two-time teenage sex offender back on the streets.

Judge Jonathan Staat, 16, was sentenced Wednesday for his second criminal sexual conduct offense against a person under the age of 13. Charged as an adult, he was sentenced to five years probation, one year on a tether with a 4 p.m. curfew, and ordered to not be alone with anyone under the age of 16 without adult supervision.

He has also been placed on Michigan's Sex Offender Registry.

"I was extremely angry at the judge's decision to basically give this man nothing but a stronger slap on the wrist," the victim's father told 24 Hour News 8.

Ottawa County Circuit Court Judge Calvin Bosman made the ruling for no jail time. In comparison to the hundreds of decisions he has made, Bosman says this was among the most difficult.

"Oh it ranks up in the, probably upper 10 percent, 14," Bosman told 24 Hour News 8. "I understand what he did was an extremely serious thing, and he got a real break.

"But I didn't do it because I wanted to give him a break. I wanted to do it because if there's any chance that he will be safe or the society will be safe from him, it will be better the course that I have given him."

Hundreds of you have commented on the 24 Hour News 8 Topix forum on the story , asking about the sentencing guidelines. In this case, Staat pleaded guilty as part of a plea deal with prosecutors.

He was originally charged with first-degree criminal sexual conduct. That charge was reduced to second-degree, which got rid of a mandatory lock up, and put a 10-year cap on a possible jail or prison sentence.

"I agree with the prosecutor on reducing charges on many, many cases. but at times it hamstrings the judge to protect society in the long run," said Bosman.

If Staat had faced first-degree criminal sexual charges, then the outcome would have been different.

"He could've served life and I would not have had an option whether to put him on probation or to send him on to prison," said Judge Bosman. "And that would not have bothered me at all.

"The question is how do I best protect the public, and I think the course that I've taken in this case is the best course. It doesn't have to be the final solution. He himself will determine the final solution."

Although the judge didn't sentence Staat to jail, he is serving 90 days in behind bars because he isn't able to pay his fines, Staat's father said.

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