Man sentenced for sexual assaultA Superior man will spend 18 months on probation after child sex assault charges against him were amended.
By: Superior Telegram, Superior Telegram
A Superior man will spend 18 months on probation after child sex assault charges against him were amended.
Justin Jeremy Cheever, 22, pleaded no contest May 31 in Douglas County Circuit Court to two counts of disorderly conduct.
The charges were originally filed as first-degree child sexual assault stemming from alleged incidents in Poplar in 2010.
Cheever was sentenced to 18 months of probation, and ordered to pay $346 in fines and court costs, and have no contact with the victim. The charges would be wiped off his record if he successfully completes probation.
Assistant District Attorney Ruth Kressel told the court there were some discrepancies in witness testimony and no physical evidence linking Cheever to the crime, according to court records. Although Kressel did not doubt incidents had occurred, she told the court that the state could not prove identification beyond a reasonable doubt. The case had been set for a June 4 jury trial, and an amended notice of alibi detailing Cheever’s whereabouts during the time the incidents occurred we filed with the court May 30.
Cheever had been accused of assaulting a 10-year-old four times at a Poplar residence. The incidents occurred while the child was sleeping, according to the criminal complaint, and the man involved would run out each time she woke and turned around.