CANTON A Winthrop man guilty of performing oral sex on a 13-year-old handicapped girl received a punishment that was less than he deserved, according to St. Lawrence County Judge Jerome J. Richards Monday in county court.
Michael A. Francis Sr., 56, of 292 Mahoney Road, Winthrop, was sentenced to 10 years of probation and 120 days in jail on weekends beginning at 4 p.m. Friday and ending 7 a.m. Monday for his conviction of second-degree attempted criminal sex act, a class E felony.
Had I known the victim was handicapped, we wouldnt be talking about county jail, Judge Richards told Francis.
The judge said that information wasnt available when he was making his judgement. If it had been, Francis would have been facing a much longer sentence in a state penitentiary.
Francis, in his previous court appearance, had been chided by Judge Richards for suggesting that the victim had been coming on to him in the weeks and months leading up to the incident.
All you have done is revictimize her by making her out to be something she is not or never could be, Judge Richards said.
A statement from the victims mother was read by Assistant District Attorney Joshua HaberkornHalm.
According to the statement, Franciss daughter had been the closest friend of the victim and the mother wrote that she had known the family for years, never having a reason to believe that her daughter would have been in any danger.
Francis violated that trust, she said.
For the rest of her life, she will have a man 42 years her senior as her first sexual experience, Mr. HaberkornHalm read. I find it disgusting that he is saying she came on to him.
The victims mother said she was disappointed with Francis sentence and expressed her desire for harsh punishment.
In addition to probation and his weekend jail sentencing, Francis will have to register as a sex offender and a classification hearing will be held at 8:15 a.m. July 23. He is also ordered to pay $198 restitution and $1,445 in court fines, fees and surcharges.
In other court action Monday:
Bobbie Jo French, 31, of 2475 Route 55, Brasher, was remanded to St. Lawrence County Jail on $2,500 cash or $5,000 bond after she allegedly violated her conditions of probation by not reporting on multiple dates between March and June of this year and also ceasing to make restitution payments as of Oct. 22, 2012. Ms. French was placed on probation on Oct. 22, 2012 for third-degree criminal sale of a controlled substance, a class B felony.
Steven Shrewsberry, 50, of 10 Island Branch Road, Gouverneur, was arraigned and pleaded not guilty to three counts of third-degree criminal sale of a controlled substance and three counts of third-degree criminal possession of a controlled substance, all class B felonies. It is alleged that Mr. Shrewsberry had been in possession of and sold morphine in the town of Fowler on Dec. 7 and 12 of 2012 and Jam. 30, 2013. Mr. Shrewsberry was released under probation supervision
Marcel G. Altenfelder, 48, of 25 Avery St, Alexandria Bay, Jefferson County, was arraigned and pleaded not guilty to one count of third-degree criminal sale of a controlled substance and one count of third-degree criminal possession of a controlled substance, both class B felonies. It is alleged that on Jan. 23 Mr. Altenfelder was in possession of and sold cocaine to another person in an unidentified location in St. Lawrence County. Mr. Altenfelder was released under probation supervision.
James C. Delosh, 18, of 168 Jefferson Ave., Massena, was granted youthful offender status on an April 4 guilty plea to one count of third-degree criminal mischief, a class E felony and one count of second-degree reckless endangerment .
On Aug. 24 Mr. Delosh, while under the influence of alcohol, threw rocks at a vehicle that didnt stop when he was hitchhiking on state Route 37 shortly before 2:40 a.m. in the town of Louisville, hitting a 2010 Jeep being driven by Elizabeth Harper. He then dialed 911 and asked for a ride.
Mr. Delosh was sentenced to five years of probation for the criminal mischief charge and three years of probation for the reckless endangerment charge. Both terms are to be served concurrently. He was also ordered to pay $1,463 in restitution and $471.34 in court fines, fees and surcharges. An eight-year, no-contact order of protection was issued in Ms. Harpers favor.
Jamar K. Richey, 31, of 434 Coventry Ave., Utica, was remanded to St. Lawrence County jail without bail after he was picked up on a warrant that had been outstanding since March 11.
Mr. Richey had been arraigned on an indictment charging him with one count of third-degree criminal possession of a narcotic drug, cocaine. He had been released from St. Lawrence County jail under probation supervision but absconded and was picked up on June 26 on that warrant.
Frederic L. Miller, 59, of 914 Ford Ave., Ogdensburg, pleaded guilty to one count of third-degree criminal possession of a controlled substance, a class B felony.
On March 4, 2012 Mr. Miller had been arrested for selling cocaine in Ogdensburg to another person.
Mr. Miller will be sentenced on Sept. 16 and was remanded to St. Lawrence County Jail without bail.
Darrell P. Dodd, 30, of 288 Trippany Road, Apartment 7, Massena, pleaded not guilty at arraignment to one count of third-degree criminal possession of a weapon, a class D felony.
It is alleged that on the evening of June 8, Mr. Dodd was yelling at one of his neighbors 12-year-old daughter, then reportedly pulled out a yellow box cutter with a 6-inch blade, advanced toward the girls father and threatened to cut him from ear to ear and shoot.
Mr. Dodd, who has a felony conviction from December 2003 for second-degree attempted criminal possession of a forged instrument, was remanded to St. Lawrence County Jail on $2,500 cash and $5,000 bond pending further court proceedings.