×

Alpena case delayed to await appeals court ruling

ALPENA — The decision in a pending Michigan Court of Appeals case may impact the outcome of a separate case currently before the 26th Circuit Court in Alpena.

Gary LaCross, 73, of Alpena, was charged last March with 10 counts of possession of child sexual abusive material, two counts of child abusive commercial activity, and two counts of using a computer to commit a crime.

If found guilty, LaCross could be sentenced to up to 20 years in prison, in addition to being added to the national sex offender registry.

Proceedings in LaCross’s case were delayed, however, to await the result of a case currently before the Court of Appeals. The case, People vs. Willis, addresses the question of whether the intent to commit sexually abusive activity falls under the definition of child sexual abuse for sentencing purposes.

The result of People vs. Willis could impact LaCross’s case by modifying his scoring guidelines, a set of rules followed by Michigan courts to fairly determine the sentence a defendant would receive if found guilty.

LaCross was released on a $100,000 bond in late March, with the stipulations that he obtain a GPS tether and that, during his release, he cannot use computers or cell phones with internet access and can have no contact with or proximity to anyone under the age of 18.

He was bound over to circuit court in June. A status conference scheduled for Tuesday was canceled to allow more time for the appeals court to consider the People vs. Willis.

LaCross, a 37-year military veteran, was arrested after allegedly sharing pornographic material with an undercover member of a task force led by the Michigan Attorney General’s Office targeting crimes against children.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

Starting at $4.62/week.

Subscribe Today