In the 33rd Circuit Court this morning, Anthony Atkinson, 38, of Charlevoix, was sentenced to 30 to 50 years in prison for sexually assaulting an 11-year-old child. Atkinson had pleaded guilty on Nov. 10, 2017 to two counts of Criminal Sexual Conduct, First Degree.
The sentences on the two crimes were identical and will be served concurrently.
Because of the age of the victim, Atkinson faced a mandatory minimum 25-year prison sentence on both charges. Judge Roy C. Hayes III stated that though he had the discretion to run the sentences consecutively, he gave the defendant credit for pleading guilty and not putting the child through testifying at a jury trial.
Hayes did, however, departed upward from the sentencing guidelines in fashioning the 30 to 50 year sentence. He did so, as he stated, because the guidelines did not take into account the fact that the two crimes occurred on two consecutive days and the fact that the crimes will impact this child forever.
Also, Robert Arthur Torres, 38, of Charlevoix, was sentenced to 12 months in jail for having sexual contact with a 13-year-old child. Torres was convicted of Criminal Sexual Conduct, Fourth Degree by a jury on Nov. 6, 2017. He was acquitted of a greater charge of Criminal Sexual Conduct, Third Degree.
Hayes departed from the sentencing guidelines which called for a minimum sentence of 0 to 9 months because of the defendant’s “preposterous” explanation for the crime, his failure to take responsibility and the fact that the child was entrusted in Torres’ care at the time.