A 24-year-old convicted sex offender was ordered to spend one year in Douglas County Jail for a probation violation after his attorney said he feared his client wouldn't survive prison.
District Judge Dave Gamble ordered Michael Anthony Allen to jail Tuesday, deferring a decision until July 5, 2011.
Allen admitted having sex with a 16-year-old girl in violation of Gamble's order at sentencing last year that he not associate with anyone under 18. Allen's probation officer, Kevin Young, said authorities were looking into criminal allegations that the girl was 15 when Allen had sex with her.
She was not the victim of Allen's criminal offense.
He pleaded guilty in 2009 to attempted sexual assault, admitting he put his hand down the pants of a 14-year-old girl as she slept in December 2008.
Gamble sentenced him to up to eight years in prison, suspended, and placed him on five years probation.
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.
Young said Allen had no job and didn't appear to be seeking employment.
"It's been a struggle to get him to find a job. When I go to his house - whether it's 10 a.m. or noon - he's in bed. I have to get him out of bed," Young said.
Young said his gravest concern was that Allen would continue to victimize young girls.
"That's who he associates with," Young said.
Young said Allen failed to complete counseling, or pay court-ordered fees and fines.
"I'm guilty," Allen said. "I don't want to go to prison. I know I screwed up. There is no explanation for what I did."
Lawyer Derrick Lopez said Allen knows he deserves prison.
"Even though he's physically a man, mentally, he is very close to being a teenager," Lopez said. "We're asking you to consider anything else besides prison. My fear is he's not going to survive."
Lopez said when Allen first was on probation he looked for work but couldn't find jobs or anyone willing to hire him.
He said the 16-year-old came to Allen's house to say good-bye because she was moving to California.
"He didn't exercise any judgment," Lopez said. "He didn't think and he succumbed to temptation."
Lopez said he wasn't faulting the girl in anyway.
Allen told Gamble he knows he did wrong.
"I hope you show mercy. I hope the Lord shows mercy," he said. "If you give me my probation back, I will show you and my family I can focus my mind on it and get through it."
Young and prosecutor Karen Dustman asked Gamble to send Allen to prison, suggesting he could be housed in protective custody.
"If I, by my actions, change a 2-to-8 sentence to a death penalty, that's a little concerning for a judge," Gamble said before continuing the case for a year.
