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The Leavenworth Times - Leavenworth, KS
  • Defendant sentenced to seven years for sexual abuse

  • A Leavenworth man has been sentenced to seven years in prison for the sexual abuse of a child.
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  • A Leavenworth man has been sentenced to seven years in prison for the sexual abuse of a child.
    Daniel A. Young, 26, was sentenced Wednesday in Leavenworth County District Court for charges of aggravated indecent liberties with a child and attempted aggravated indecent solicitation of a child.
    The crimes occurred between 2005 and 2011 in Leavenworth and involved a girl who was born in 2002.
    The seven-year sentence was recommended as part of a plea agreement. Young pleaded guilty to the charges in September.
    Young was evaluated at the Larned State Security Hospital as part of the presentencing investigation process.
    District Judge Gunnar Sundby said Wednesday the evaluation found that Young has some issues but nothing that would prevent him from being dealt with in the criminal justice system or serving his sentence with the Kansas Department of Corrections.
    Young had been found competent to stand trial earlier in the case. But Young's mental capacity resulted in the judge ruling that statements the defendant made to police couldn't be used during a trial.
    The ruling, which came in April, followed a hearing during which two psychologists testified that Young has a borderline intellectual functioning and likely didn't understand his Miranda rights.
    County Attorney Todd Thompson previously has said that what is known as Jessica's Law doesn't apply in Young's case for multiple reasons including the earliest possible date of when the crimes occurred as well as the defendant's mental capacity.
    Jessica's Law can result in life sentences in some cases involving sexual abuse of children.
    Thompson said Wednesday that the prosecution stood by the agreed upon recommendation for a seven-year sentence. He said the family of the victim acknowledged that Young has had serious substance abuse problems.
    Defense attorney Gregory Robinson said Young has a somewhat diminished capacity.
    "I'm somewhat disappointed in Larned's response," Robinson said of the findings of the mental health evaluation.
    When given the opportunity to speak, Young requested to be sent to Larned instead of a prison.
    "I have a hard time with a lot of stuff," he said.
    Sundby sentenced Young to what were considered the standard sentences for the two charges under state sentencing guidelines. He ordered the sentences to run consecutive to total the recommended seven years. He ordered the sentences be served with the Kansas Department of Corrections.
    Noting the defendant's request, Sundby said he can't direct that Young go to Larned.
    "I can't send you to any particular place as you requested," the judge said.
    Sundby said officials will send Young to the place they feel is appropriate.

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