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Two receive sentences for sex offenses

by CHERY SABOL The Daily Inter Lake
| December 24, 2004 1:00 AM

Two men were sentenced Thursday for molesting children under very different circumstances.

Kerry Garner, 54, was accused of molesting four daughters and was charged with sexually assaulting two of them when they were 11 and 12 years old. The other two were reportedly assaulted out of state.

Nick Needles, 21, was sentenced for sexual conduct with a 5-year-old girl.

Garner was sentenced to 25 years in prison, with 21 suspended. He must serve all four years before he's eligible for parole.

The girls - who asked that their identities not be concealed as is typical for incest victims - and their mother originally didn't want Garner to go to prison.

"That was our desire from the beginning, that he would get some help," Abigail Garner testified about her husband. "There's grace in mercy happening here."

However, even though Garner pleaded guilty, he "was unwilling to take responsibility" for what he did, she said. He also lied, she said.

"His misrepresentation of the facts was so severe that we have been ostracized" by the church, friends, and some family members, although "a few people have stood with us."

The girls are struggling, she said.

"Each one of them is suffering deeply … He has been playing the victim role and they are the true victims," she said.

She believes now that sex-offender treatment in prison is the best option.

Three of the girls offered testimony. One presented hers on audiotape, singing a song she composed about what her father did.

Another testified in person.

"In spite of everything he's done, I love him very much," she said, but added, "I think he deserves to see some years behind bars.

Another said that Garner not only took her innocence but robbed her of the future she wanted to have with a father in her life. Now, she said, she would not have him to walk her down the aisle when she marries.

Prosecuting Deputy County Attorney Dan Guzynski recommended the 25-year sentence, with all but four suspended on the condition that he serve all four years and receive sex-offender treatment. Garner also will have to pay for counseling for his family.

Defense attorney Jack Quatman agreed with the recommendation.

"Mr. Garner is sorry for what has occurred," Quatman said. "He never denied it."

Quatman, though, resisted the 100 hours of community service Guzynski recommended for Garner, and asked that sex-offender treatment be required only after Garner's paroled.

District Judge Stewart Stadler said that treatment should begin in prison.

"It's important you start to heal yourself, which will start to heal them," Stadler said of Garner's daughters.

"The harm is tremendous that you caused … You've destroyed yourself. You've destroyed your family."

Shortly afterward, District Judge Ted Lympus sentenced Nick Needles, 21, to five years in prison for sexual assault.

Needles admitted improperly touching a clothed 5-year-old girl at times from June 2002 to July 2003.

"I'm sorry," Needles said. "I regret the decisions I've made. There's no excuse for them. I didn't know how this would affect her."

Defense attorney David Stufft pointed out that an evaluation of Needles showed he is at the lowest possible risk to commit another sex crime.

Prosecuting Deputy County Attorney Tim Wenz said the case was difficult because Needles has been in no serious trouble before.

But the girl has covered windows in her house because "she's afraid Mr. Needles is going to look in her windows and spy on her," Wenz said.

He recommended a 15-year sentence with 10 suspended, plus sex-offender treatment.

Stufft asked for 15 years, entirely suspended.

Lympus pointed out that there is a mandatory minimum of four years for sexual assault. The maximum penalty is life or 100 years.

He followed the recommendation of Wenz, giving Needles credit for 274 days in jail.

He urged Needles to use the opportunity "to address whatever it is that caused you to do this in the first place."

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com