Court tosses one charge for rapist

The Montana Supreme Court has ordered the dismissal of a felony charge for a Flathead County man convicted of sexually assaulting a 9-month-old boy in 2009

The ruling, however, probably will not affect the man’s 50-year prison sentence.

Shane Phillip Nickerson, 23, was convicted  in October 2009 of sexual assault, aggravated assault, criminal endangerment and assault on a minor for beating and molesting his girlfriend’s son in August 2008.

District Judge Stewart 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.

A Supreme Court memorandum opinion issued Wednesday ruled that the charge of assault on a minor should be dismissed because prosecutors failed to establish during trial that Nickerson was an adult.

The ruling is essentially based on a technicality, since Nickerson’s age was listed in court documents and referred to in court documents by Nickerson’s attorney.

However, the law dictates that prosecutors are obligated to present evidence of a defendant’s age as an element of the crime, which they did not, according to the ruling.

Nickerson was 20 years old at the time of the assault at his home in Marion.

The boy sustained extensive bruises on his head, a bloody mouth and injuries consistent with sexual abuse after the Aug. 9, 2008, assault, according to court documents.

The Supreme Court’s opinion also found that Nickerson’s additional claims of ineffective council were without merit.

Nickerson is serving his sentences at the Montana State Prison in Deer Lodge.