Man sent to prison for rape, child abuse

A Columbia Falls man was sentenced to 35 years in Montana State Prison on Thursday for shaking a three-month-old and causing long-lasting brain injuries, slapping a toddler, and in another case, having sex with a 14-year-old girl.

Richard James Peterson, 25, was sentenced to 25 years in prison for a 2012 case in which he had previously received a six-year probationary sentence. Flathead District Judge Robert Allison noted that Peterson could have been sent to prison for up to 100 years in the case after he violated the terms of probation by committing extreme child abuse. The original sexual intercourse without consent charge resulted after Peterson, 19, had sex with a 14-year-old girl.

“I’m just at a loss,” Allison said. “I feel like if I impose a sentence that allows you to be at your liberty at any point in the future, you are going to hurt someone else.”

Allison also sentenced Peterson to concurrent 10-year sentences for two felony counts of assault on a minor that Peterson pleaded guilty to earlier this year. Those sentences run concurrent to the sex case.

According to court documents, in the abuse case, an infant sustained brain injuries on April 8, 2015, after being shaken by Peterson. Medical staff determined the child had cranial swelling and bleeding on the brain, consistent with abuse.

In an interview on May 19, 2015, Peterson allegedly told police he would sometimes get so frustrated with the child’s crying that he would clench his fists and yell. Peterson allegedly said that he would go outside to punch trees in an attempt to relieve his anger but he would sometimes “black out” in his anger.

Peterson allegedly told the detective that in the days leading up to the baby’s hospitalization, he grew frustrated as the child cried.

When an officer told Peterson he was concerned Peterson might have hurt his daughter, Peterson allegedly said, “I can see myself hurting her, I can,” and “If it happened, it wasn’t me doing it on purpose.”

Peterson was also found guilty of a Sept. 10, 2014, incident in which Peterson slapped an 18-month-old toddler in the face and punched at a 3-year-old.

According to prosecutor Travis Ahner, the three children have long-lasting injuries.

“(The 3-month-old) has permanent scare tissue in her brain,” Ahner said. “She has vision issues and cognitive issues. She has fluid in her head. All three of the kids have emotional issues.”

Two foster mothers of the children testified that for months after the incident, the now 5-year-old boy hit in the case feared going to the bathroom because Peterson allegedly used to hit them when he had a bowel movement.

The guardians testified that the older boy has instances where he will see someone who looks like his father, and in a panic say, “I saw my dad, and he’s coming to kill me and cut my guts.”

Judge Allison noted that he felt the children had been let down by the criminal justice system.

“This is a real troubling case to me on a number of levels,” Allison said. “I feel to some extent that the system failed these children ... If I had simply sent you to prison (for the sex case), this would have never happened.”

Allison’s sentence went beyond the 30-years with 15 years suspended sentence recommended by Ahner.

It also went beyond the recommendation of defense attorney Sean Hinchey who asked for a 20-year commitment to the Montana State Prison, with 10 years suspended.

Hinchey pointed out that Peterson appears to have possible substance abuse and mental health issues that are mitigating factors in the cases. Peterson’s mother testified that Peterson has been diagnosed with attention deficit hyperactivity disorder, bipolar disorder and schizophrenia. He’s been in treatment since age six, she said.

But Allison didn’t wholly accept that argument, saying many court defendants with similar issues don’t end up committing violent crimes. He also noted that Peterson had not received a chemical dependency evaluation as required when he was put on probation for the rape case.

“In your case, your offenses are very serious where people are harmed, at least in one instance, permanently,” Allison said.

Allison was tempted to make the sentence longer. “I’m having a hard time seeing why I shouldn’t just send you away forever,” Allison said.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.