A 23-year-old Gardnerville Ranchos man who admitted putting his hand down the pants of a 14-year-old girl as she slept was sentenced Tuesday to five years probation and ordered to spend six more months in Douglas County Jail.
District Judge Dave Gamble sentenced Michael Anthony Allen to eight years in Nevada State Prison which he suspended.
In addition to the jail term, Allen must register as a sex offender and be supervised for life by parole and probation.
He may not contact the victim, her family, or another 14-year-old girl also at his residence when the incident took place Dec. 12, 2008.
According to reports, Allen said he and the two girls were in bed together watching movies. He said he and the victim fell asleep and when he woke up, his hand was down her pants.
Allen has been in jail for 163 days, but Gamble said they would not count toward the six months.
Allen may not be within 500 feet of any place used by children including schools, day care centers or school bus stops. He may not have contact with anyone under age 18 unless another adult is present who has not been convicted of a sex offense.
He is subject to search and seizure, must abstain from drugs and alcohol and undergo approved counseling for the entire probation.
Early in the hearing, Gamble told Allen to quit crying.
"Just knock it off," Gamble said. "You weren't crying the night you sneaked those two girls over to your house."
Gamble said Allen's incessant weeping at every court appearance and daily in Douglas County Jail indicated self-centeredness.
"This isn't about you. It's about what you did to other people," Gamble said. "I believe you are far more capable of understanding the wrongness of what you did more than you're letting on. When I told you to quit crying, you quit crying."
Gamble said his sympathy was with the victim.
"I feel sorry for the 14-year-old girl you did this to," he said. "If I see you in here again, there's no amount of weeping that's going to keep me from sending you to prison."
The victim did not attend the sentencing, but her father did. He had no comment, but prosecutor Tom Gregory said he wanted to make sure Allen had no access to school children.
"I'm sorry for what I did," Allen said. "It wasn't right. I apologize to my family and the victim's family for what I put them through. This will never happen again."
Allen's lawyer, Derrick Lopez, said his client mentally was comparable to the age of the victim.
"He understands what he's done," Lopez said. "He understands he faced the rest of his life in prison and lifetime supervision. He knows he can't hang out with underage people again. I don't believe he can survive in prison. He can't undo what he did, and what he did was terrible."
Lopez said the likelihood of Allen reoffending "is very small."
Allen originally was charged with sexual assault which carried a sentence of up to life in prison.
In an agreement with the district attorney's office, he pleaded guilty to attempted sexual assault.
