Man sentenced for touching 7-year-old girl
A 31-year-old Lovington man pleaded guilty to felony second-degree criminal sexual conduct where he admitted to touching a 7-year-old girl. Kerry Guinn Heavington, 31, was given a stay of imposition sentence on Dec. 17, 2015, by Judge Richard Zim...
A 31-year-old Lovington man pleaded guilty to felony second-degree criminal sexual conduct where he admitted to touching a 7-year-old girl.
Kerry Guinn Heavington, 31, was given a stay of imposition sentence on Dec. 17, 2015, by Judge Richard Zimmerman in Crow Wing County District Court. Heavington will serve 60 days in Crow Wing County Jail and be on supervised probation for 25 years.
In a stay of imposition, the prison sentence is not imposed and Heavington was to serve 60 days in county jail, beginning Dec. 17, 2015. He was given time for credit served and will be on supervised probation for 25 years with a number of conditions. If Heavington violates the conditions of his release, he could be required by the court to go back to jail. If he successfully completes his probation, the felony will result in a misdemeanor conviction.
According to the probable cause court document, Heavington allegedly touched the 7-year-old girl in 2014. He originally was charged with first-degree and second-degree criminal sexual conduct. On Dec. 17, 2015, the first-degree charge was dismissed and he was convicted of second-degree criminal sexual conduct.
According to the Minnesota State Statutes on criminal sexual conduct charges, when the count is in the first degree it means penetration was involved and in a second degree count, it means touching was involved.
Crow Wing County Attorney Don Ryan said Heavington's sentence fell under the state sentencing guidelines because of his low criminal history.
"Count two involves touching and he admitted to touching," Ryan said. "We have a young victim who would have to testify in court in a room full of strangers and in this particular instance we were able to acquire a criminal sexual assault conviction, place him on probation for up to 25 years ... with 35 months of prison hanging over his head if he violates his probation.
"We believe it was an appropriate disposition and that was the disposition that was called for, the presumptive sentence under the Minnesota sentencing guidelines and with his criminal history."
Conditions Heavington will have to follow include no contact with minor females under age 18 except when approved; cannot purchase or possess phone sex lines, Internet phone chats, Internet dating, pornography or any sexual social website; cannot enter any strip clubs, adult book stores or sexual store; can't have any contact with the girl and he is subject to random testing.
Calls were made to Brainerd attorney Dennis Lothspeich, who represented Heavington, but were not returned.
Changes were made to this article to remove the identification of the victim.