We’re getting some pretty ticked-off reader comments on the Missoulian website about a couple of sentencings yesterday, both of them involving sexual assault cases.
(Image: University of California Santa Barbara)
Some of our readers – at least the ones who went online to comment, and also one who called – seem to feel that these guys got off easy.
Here’s the deal. In the case of Burns, who owns Painless Steel tattoo shop, his being out of jail means he can continue to earn enough money to pay $39,000 in court-ordered restitution for counseling over the next five years for his victim. That means taxpayers won’t be footing the bill (nor the prison costs) for the horrendous psychological damage Burns caused. At least as important, his victim agreed to the arrangement after consulting with both the Missoula County Attorney’s Office and the Crime Victims Advocate.
And in the case involving Tudahl, relatives of one victim viewed the new terms as a victory of sorts. Now, if Tudahl runs afoul of conditions set for him, he’ll go to prison.
In each case, the defense attorney sought a deferred sentence, meaning that once the terms and conditions were met, the case would be erased. But Harkin rejected those requests in favor of suspended sentences, meaning that each man is forever identified as a felon.
Is that getting off easy? The victims didn’t seem to think so.
One thing for sure: The complexity of such decisions makes me really glad I’m not a judge.
Gwen Florio
in regaurds to burns
This is a 4 year mandatory min crime and he has plenty to pay for the counseling even if he went to prison….
this is lame all the way around……
don’t kid yourselves this crime (burns)
carries a life term if the vic was under 16 and the accused is 3 yrs older……
life in prison or at least a mandatory minimum of 4 years or less only with a written finding by the judge where is Judge douglas j. harkin 4th judicial district court missoula where is his written finding…???
oops judge douglas g. harkin