A Superior man will spend nine months in jail and five years on probation for sexually assaulting a girl under the age of 16 after providing her with alcohol.
The sentence was handed down to Timothy Robert Lucius, 51, in lieu of a 10-year prison sentence.
Lucius pleaded no contest Wednesday in Douglas County court to one felony charge of sexual assault of a child under 16 years of age and one misdemeanor charge of contributing to the delinquency of a child for the incident, which took place in July.
The girl's father has been present at every court proceeding.
"It's just been very difficult," he said.
ADVERTISEMENT
Striking a deal does bring resolution to the case, which was set for trial next week.
"I don't want my daughter to have to do this again, relive this in front of the court," the girl's father said.
She testified during a preliminary hearing that Lucius provided her with pineapple rum while she was babysitting. He filled a water bottle with rum for her, then filled it half full again, the girl told the court. She went to the bathroom and passed out in an upstairs hall. She recalled Lucius assaulting her in the hallway and later on a couch downstairs in the home, although she told him 'No.'
Judge Michael Lucci accepted the joint sentence recommendation from District Attorney Dan Blank and Lucius' attorney, Chris Gramstrup. He imposed and stayed the 10-year prison sentence, in part based on Lucius' lack of a criminal record.
"This is Mr. Lucius' first felony," Gramstrup told the judge. "He really has no substantial criminal history."
As a condition of the five-year probation, Lucius must undergo psychological, sex offender and chemical dependency evaluations and follow recommendations, have no contact with the victim, her family or the family who lived in the home where the assault occurred. He must also comply with sex offender registration, provide a DNA sample and pay $400 in fines plus court costs.
"This strikes a lot of balances," Blank said, meeting the need to protect the public and punish Lucius at the same time.
Lucci agreed.
ADVERTISEMENT
"I feel it's reasonable," he said.
He warned Lucius that if his probation is revoked, he would go directly to jail without another court appearance.
A second felony charge of sexual assault of a child under 16 years of age and a misdemeanor charge of exposing genitals to a child were dismissed.
