CLINTON — Despite a recommendation for probation from the pre-sentence investigation report, Clinton County District Court Judge John Telleen ordered a Clinton man to serve up to four years in prison for two counts of indecent contact with a child.
Gary L. Lynch, 46, of Clinton, appeared Thursday in Clinton County District Court for sentencing on two counts of indecent contact with a child, an aggravated misdemeanor.
Assistant Clinton County Attorney Ross Barlow recommended the court sentence Lynch up to two years in prison on each count. He recommended the court order the sentences be served consecutively, stating he believes the facts and circumstances of the case demand a period of incarceration be imposed.
He said Lynch was 44 years old at the time of the incidents and the juvenile female was 13 years old at the time. Barlow stated Lynch touched the juvenile female inappropriately on two occasions. Barlow said granting Lynch probation would not provide deterrence for Lynch or the community. Barlow also requested the court impose a five-year no-contact order between Lynch and the juvenile female and her mother. Barlow asked the court to impose a 10-year special sentence of parole supervision and that the court order Lynch to register as a sex offender.
Barlow additionally expressed concern with Lynch’s comments in the PSI, in which Barlow said Lynch cited peer pressure and that he was in the wrong place at the wrong time. Barlow said Lynch did not seem to accept responsibility for this actions.
Defense attorney John Kies asked the court to adopt the PSI recommendation and grant Lynch probation. Kies said Lynch did well on pre-trial release. He asked the court to consider the offender’s needs and whether the needs could be met with intermediate sanctions such as probation.
Telleen said the circumstances of the offense were “extremely disturbing and can’t be tolerated.” Telleen said the victim trusted Lynch as a father figure and he abused that trust. Telleen also cited deterrence of Lynch and others in the community and protection of the community.
Telleen ordered Lynch up to two years in prison on each count and pay a $625 fine on each. The sentences of incarceration were ordered to be served consecutively. A 10-year special sentence, as if on parole, at the conclusion of incarceration was imposed. Lynch was ordered to register as a sex offender. A $250 civil penalty and a five-year sentencing no-contact order were imposed between Lynch and the victim and the victim’s mother. One count of third-degree sexual abuse was dismissed at sentencing, with costs assessed to Lynch.
According to the affidavit, a 13-year-old child reported that Lynch touched her inappropriately on June 19 and 20, 2016.