Marion man gets 50 years for assault on young boy

A Marion man who assaulted a 9-month-old boy was sentenced Thursday to 50 years in prison.

Shane Phillip Nickerson, 21, was convicted last October of sexual assault, aggravated assault, criminal endangerment and assault on a minor for beating and molesting his girlfriend’s son in August 2008.

“Please give me a chance,” a tearful Nickerson begged the court, blaming drugs and his circumstances at the time for the crimes.

When pronouncing the sentence, District Judge Stewart Stadler cited a report that placed Nickerson at a high risk of re-offending, but he also took Nickerson’s age into consideration.

“Hopefully they’ll let you out once you’ve had sufficient treatment and are no longer a threat to society,” Stadler told Nickerson.

Stadler sentenced Nickerson to 50 years for sexual assault and concurrent terms of 20 years for aggravated assault, 10 years for criminal endangerment and five years for assault on a minor.

Witnesses at the sentencing hearing vouched for Nickerson’s character, calling him “sweet.” Rebecca Taber said she would still trust Nickerson around her grandchildren.

Nickerson’s father, Roger Nickerson, said his son “has never been a person that’s gonna hurt any kids” and got a “bum rap.”

But prosecutor Lori Adams painted a different picture.

“Mr. Nickerson continues his violent behavior,” she said, pointing out two separate incidents in 2009 when Nickerson allegedly had run-ins with jail officers. He has pleaded not guilty to assault on a peace officer and attempted assault on a peace officer and is awaiting trial on those charges.

Adams called sexual assault on an infant “one of the most heinous crimes.” She said that although the child almost died at the time, he is doing well now.

Nickerson had been caring for the boy at his Wildebeest Lane cabin in August 2008 so the child’s mother could sleep in.

The boy, now 2, sustained extensive bruises on his head, a bloody mouth and injuries consistent with sexual abuse.

The boy’s mother has not been charged in connection with alleged drug use or the assault.

Nickerson, the boy and the boy’s mother all tested positive for methadone, according to testimony at his trial.

Adams pressed the judge for an 80-year prison sentence.

Defense attorney Noel Larrivee asked the judge to “strike a balance between punishment and rehabilitation,” noting Nickerson’s age and lack of a felony record at the time of the crime.

Nickerson must complete sex offender treatment before becoming eligible for parole and was designated a Level III sex-offender, one with a high risk to re-offend.