CROWN POINT — A Highland man was sentenced to four years in the Department of Correction, all suspended to be served on sex offender probation, for molesting a girl his wife babysat when the girl was younger than 10.
David. W. Davis, 61, pleaded guilty in December to one count of child molestation, a level four felony, which carries a possible sentence of between four and 12 years in prison. Prosecutors agreed to drop the remaining two counts in exchange for the plea. Each count represents a separate instance of child molestation, according to court documents.
Davis touched the girl's breasts and private area when she spent the night at his apartment on an occasion in 2013 at the Cedar Point Apartments, court documents show. The charges were not filed until 2019.
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Prior to the sentencing hearing, defense attorney Adam Tavitas requested to withdraw the plea agreement. Tavitas said Davis was fearful of some of the implications that pleading guilty to a child molesting offense might have, such as having to sell his house and move to comply with rules of sex offender registration.
Deputy Prosecutor Jessica Arnold said the state wanted to move forward with sentencing. Arnold said it was in the best interest of the victim, who has has been interviewed by attorneys multiple times and "would like to move forward with her life." She said Davis had only moved to withdraw his plea upon learning about his living situation being affected. Arnold and Tavitas said Davis had signed copies of the plea agreement multiple times due to typos in the document. Davis must have understood what he was pleading guilty to if he'd had so many opportunities to see the agreement, Arnold said.
"It's almost like he's playing games with the court," Arnold said.
Lake Criminal Court Judge Gina Jones agreed to move forward with the sentencing hearing.
"You don't get to execute a plea knowingly and voluntarily and then decide, 'I didn't mean what I said,'" Jones said.