On Monday, Oct. 26, Brown County Judge Scott T. Gusweiler sentenced former Adams County Chief Deputy Jeff McCarty to 30 months in prison for drugging and sexually molesting a fifteen year old girl.
In February a grand jury indicted McCarty on two counts of rape, sexual battery and sexual misconduct with a minor.
At his sentencing McCarty told the court, “I think I should just simply apologize to everyone involved in this. It’s had an impact on my lif,; it’s had an impact on several lives, on both sides.”
After nearly a year of waiting for justice the victim’s family was unimpressed by McCarty’s apology. The victim’s grandfather told a local news station, “Any parent or grandparent knows he deserves to hang because he’s an animal.”
Defense attorney Scott R. Croswell argued against sending McCarty to prison because of the danger it would present to him as a former police officer. He asked that his client be placed on probation and sentenced to time in the county jail.
Prosecuting Attorney Seth Tieger argued against giving McCarty probation, “As a former police officer, he knows that sex offenders go to prison. He has no right to avoid prison because of the ramifications he’ll face because he was a cop.”
Tieger told the court that the victim had suffered beyond the actual offense because community opinion had come down on the side of McCarty, who initially denied any wrongdoing.
“She lost the respect of the community, her friends turned against her because they wanted to believe him, we have to acknowledge her bravery,” Tieger said.
He added that McCarty’s violation of phone rules while being held in Brown County jail demonstrated his lack of respect for rules, “How much has Mr. McCarty really learned?” he asked the court. “If he can’t even follow the rules of a local county jail, will he follow the rules of probation?”
The victim’s grandfather addressed the court. “We’re on this earth to protect our children and grandchildren,” he said, “That’s all we got, that’s our legacy.”
He pointed out that the DNA evidence and McCarty’s own admission of guilt should preclude probation and asked the court to punish him to the fullest extent, “I beg you to give him what he deserves,” he told the judge. “When he gets out he’s going to do it to someone else’s kid, he’s a manipulator.
Prior to sentencing, Judge Gusweiler admonished McCarty, “I’ve read your letters and not a one of them mentioned the victim in this case, and I don’t get that, I don’t get that. She has suffered emotional and psychological injury and turmoil. You held an occupation where you were supposed to protect people from the commission of that very offense. We nurture, we protect, we educate and you violated that trust.”
The judge said that because McCarty’s crime was not the worse form of the offense, he was unable to impose the maximum sentence.