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8 years prison in child sexual assault case

Nathan Benton

ALPENA — A man who allegedly sexually assaulted a child will go to prison for eight to 15 years, Judge Ed Black said on Monday in Alpena’s 26th Circuit Court.

In a plea agreement the prosecution said would spare the child from enduring a trial, Nathan Benton, 37, pleaded no contest to multiple sexual assaults of a child.

A no-contest plea is not an admission of guilt, but is treated as such at sentencing.

“What he did was an awful, inexcusable thing,” said defense attorney Matt Wojda, who, nevertheless, urged Black to adhere to the sentence agreement which offered Benton an eight-year sentence in exchange for reduced charges.

The initial charges of criminal sexual assault of a child younger than 13, dropped in the plea agreement, could have led to a sentence of 25 years to life.

Wojda asked Black to consider in sentencing that Benton cooperated with police, led Bible studies in jail, and encouraged the victim to tell the truth in court.

Black said he “was absolutely dumbfounded” by the sympathy shown by the victim and the victim’s family toward Benton in statements provided to the court.

Benton received credit for 247 days served. He will have to register as a sex offender.

Meanwhile, a man who sold LSD in the parking lots of Alpena businesses may avoid prison if he abides by terms of parole, Black decided on Monday.

Anthony Kirka, 20, admitted he sold the drug on two occasions in March. During a search of his home after his arrest, police found a gun and more drugs he admitted he planned to sell.

Kirka’s police record indicates no serious charges, “just some ridiculously bad judgement calls,” said defense attorney Joel Bauer, asking Black to help Kirka choose a better path with a lenient sentence.

“He was a successful drug dealer, and drug dealers should go to prison,” Alpena County Assistant Prosecutor Kevin Hesselink countered, urging Black to be tough with Kirka should he not comply with terms of probation.

Black sentenced Kirka to 11 months in jail and two years of probation, including attendance at a boot camp run by the Michigan Department of Corrections.

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