Barre man sentenced to a year in prison for sexually abusing child

The state agreed to amend a felony count of repeated aggravated sexual assault to a felony count of lewd and lascivious conduct with a child, per the plea agreement.

According to court records, a woman who is a member of Proof’s family went to police in March 2019 stating Proof had sexually assaulted her about 15 years prior. Police said the victim reported Proof would force her to perform sex acts on him starting when she was 5 years old and continuing until she was 15.

The victim reported Proof would make her watch pornography and showed her how to smoke cocaine when she was 14 years old, according to court records. Police said the victim reported Proof had raped her at one point and forced her to let him perform a sex act on her when she was 14 years old.

Friday’s hearing was expected to be a contested sentencing, with Washington County State’s Attorney Michelle Donnelly arguing for three to 15 years to serve for Proof, and his attorney, James LaMonda, arguing for a lesser sentence. But Judge John Pacht, who rotated into the criminal court in Barre in September, appeared uncomfortable going forward with a contested sentencing because he did not preside over the change of plea hearing and was not familiar with all of the facts in the case nor the litigation that took place after Proof’s arraignment. After a private discussion in Judge Pacht’s chambers, both Donnelly and LaMonda reported they had reached an agreement where Proof would be sentenced to a year in prison, with the remainder of the sentence suspended.

Donnelly said the victim testified during a hearing earlier this year, where she emotionally described the incidents with Proof that began when she was 3 years old and continued until she was 15. The prosecutor said the abuse only stopped because Proof went to prison on other charges.

According to court records, Proof was charged in 2005 with multiple counts of sexual assault on a victim under 16 years old, two counts of contributing to the delinquency of someone under 16 years old and unlawful sheltering, as well as other crimes. Proof was later convicted on the delinquency and sheltering counts and sentenced to one to two years to serve. Police said the victim in that case was a friend of the victim in this lewd and lascivious conduct case.

Donnelly said the victim’s testimony at the hearing earlier this year was difficult for the victim to get through and for Proof to hear.

“He changed his plea shortly thereafter,” she said.

Donnelly said had the victim come forward as the abuse was happening, Proof would likely be looking at a different sentence, but the victim didn’t come forward until years later. She noted Proof had since taken responsibility for his actions in other charges he faced and had gone through some counseling and was supervised by the state Department of Corrections while he addressed his issues. But she said a year in prison in this case is still warranted because what Proof did is still impacting the victim to this day.

She noted Proof has not picked up new charges since this case was filed and the risk assessments done as part of the pre-sentence investigation conducted by DOC show he is a low risk to reoffend.

Donnelly said given Proof’s age, he’ll likely be on probation for the rest of his life. She said that supervision will ensure public safety and that he is complying with his rehabilitation requirements.

LaMonda said his client has made changes over the past 10 years that have put him in a better place. The defense attorney said Proof has stopped using substances and his health issues prevent him from drinking alcohol.

LaMonda cited Proof’s current romantic partner as a key to Proof gaining insights into his behavior.

“Even without court oversight, court involvement, he was able to take those steps and start to figure those things out himself, LaMonda said.

The defense attorney said this sentence was appropriate for Proof because of the work he’s done since the case was filed.

Proof choked up as he apologized to the court. He said he wished he did things differently in his life.

“I can’t change yesterday, but I certainly can today,” he said.

The judge said it appeared Proof had made positive changes in his life.

“These are sad things, all the way around,” the judge said. “You understand what you did, it was awful. There’s no other way to look at it. It also comes from a history of awful things being done to you. And that cycle of trauma does tend to repeat itself, and then people who have been traumatized traumatize others.”

Judge Pacht said prison is not a very effective tool at dealing with the issues associated with trauma. He said he didn’t think Proof needed a prison sentence at this point and he was torn on imposing the sentence. He said it appeared Proof had done hard work over the past several years to get his life into a much more suitable place.

But he said damage has been done in this case and there needs to be a response, even after all these years. He said society needs to send the message that conduct like this isn’t allowed, and then the judge accepted the plea agreement.

The judge noted Proof has been diagnosed with complex post-traumatic stress disorder. Judge Pacht said that’s a serious mental health diagnosis. He said he hoped Proof would serve his sentence at Southern State Correctional Facility in Springfield, which has the medical and mental health services needed for Proof’s care.

Proof is expected to report to prison on Jan. 2 to start serving his sentence.

eric.blaisdell

@timesargus.com