Sex offender faces jail time for deferred charge
Tory Lucking, 21, of Baldwin and formerly of River Falls, Chippewa Falls and Spring Valley, was given a chance to clean up his act and avoid having a serious felony charge on his record.
Lucking pleaded no contest to fourth-degree sexual assault and contributing to the delinquency of a minor (both class A misdemeanors) stemming from a 2006 incident.
But court officials had agreed to a deferred prosecution arrangement on a third, more serious charge, of repeated second-degree sexual assault of the same child at that time in an effort to provide the young man therapy he needed for rehabilitation.
As part of his deferred prosecution agreement, Lucking agreed to continue therapy as a sex offender and to refrain from illegal activities that could get him in trouble.
But, according to prosecutor Kathryn Grosdidier, Lucking found himself in trouble again in May of 2007 in Dunn County. Sheriff's Deputy Joseph O'Connell testified March 4 that Lucking and a companion were questioned after someone called law enforcement to indicate that the two people had offered to give someone some marijuana in exchange for a ride.
O'Connell said drug paraphernalia was found on one suspect. Then the officer questioned Lucking about the matter, noting that if the young man lied about his knowledge of the situation that he could be charged with obstructing an officer.
Lucking provided no information, O'Connell said, and lied until handcuffs were placed on him. Then he allegedly told the officer that marijuana and a pipe were stored in his friend's shoes.
Grosdidier said the run-in with the deputy was a violation of the terms of his agreement. She also noted that Lucking did not follow through with the court-ordered sex offender therapy. She said Lucking had a lengthy list of parole violations as well.
Lucking's attorney, Shirlene Perrin, said her client had difficulty getting to appointments due to transportation issues. She noted that Lucking had continued to attend group therapy sessions.
Perrin pleaded with the judge to continue the deferred prosecution agreement, noting that the young man would have the serious sexual assault charge hanging over his head for the rest of his life if it's left to stand.
Still, Judge Eric Lundell said Lucking had had his chance.
"It may seem like an excessive result for a minor violation," Lundell said. "It isn't."
Lundell ordered that Lucking stands convicted on the charge of repeated second-degree sexual assault. He ordered a pre-sentence investigation.