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Man who is 'danger to society' gets long prison sentence

Hilary Matheson Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 6 months AGO
by Hilary Matheson Daily Inter Lake
| July 22, 2016 6:30 PM

A judge complied with the wishes of a Kalispell child molester and went beyond the recommendations of prosecutors in sentencing him to 60 years in Montana State Prison for sexually assaulting two underage girls in 2010 and 2015.

Thomas Richard Nichols was sentenced to 50 years by Flathead District Judge Heidi Ulbricht for felony sexual assault. Nichols was convicted of assaulting a 5-year old girl in 2015.

Nichols had said he “was a danger to society” and asked for a long prison term.

The assault of the 5-year-old came less than a year after the Montana Supreme Court overturned Nichols’ 40-year prison sentence for sexually assaulting a 9-year-old girl in 2010. The court found that a line of questioning about Nichols’ sex life could have prejudiced jurors.

Nichols eventually took a plea bargain in that case. He was given a 10-year suspended sentence for felony criminal endangerment.

Ulbricht revoked that sentence on Thursday and re-imposed all 10 years. The sentences will run consecutively.

Ulbricht also designated Nichols as a Level 2 sex offender based on a psychosexual evaluation. A Level 2 designation means the risk of a repeat sexual offense is moderate.

In the event that Nichols, 27, is put on parole, he will be chemically castrated with drugs meant to reduce sexual fantasies and sex drive. Nichols will also have to complete two phases of sex offender treatment. Prisoners are typically able to be paroled after serving one-quarter of their sentences if they behave and meet all conditions imposed by a judge.

Ulbricht said she disagreed with a statement Nichols made in a letter to Flathead County prosecutor Stacy Boman that was filed in court on July 18. Nichols claimed that he did not get sexual satisfaction from the sexual assault.

In the letter Nichols wrote that the crimes were committed “to get back at people who have hurt me. To hurt them. Revenge. I was told by ... a voice ... that the best way to hurt people is through their loved ones, especially their kids.”

The intent letter was to expedite the sentencing process. Nichols asked for 50 years in prison or more without suspended time “as I feel I am a danger to society and don’t want to hurt anyone any more.”

Prosecutors had requested a lesser penalty of 50-year and 10-year terms to run concurrently in Montana State Prison with 25 years suspended and credit for time served.

Defense attorney Timothy Wenz, however, asked for more prison time — without any time suspended — based on Nichols’ request. Wenz said this was the first time he has been asked to recommend more time than the state’s recommendation.

Before sentencing, the victim’s mother took the stand with tears in her eyes. Her gaze moved around the courtroom. She talked of the mental toll the sexual assault has taken on her daughter who she said is in counseling at age 6. At times, she covered her face with her hands.

“I can’t leave her in a different room a lot of times because she’s scared,” the victim’s mother said.

When asked what the judge should consider when imposing a sentence, she said she wanted Nichols to get the help he needs, but said that penalties for previous offenses hadn’t sufficiently deterred Nichols from committing crimes.

The victim’s mother was asked by a prosecutor if she had anything she wanted to say to Nichols.

She looked directly at Nichols and paused.

“Just that I’m really disappointed and I expected so much more,” she said.

Nichols nodded slightly, looking at her.

When asked if she had an opinion about the recommended sentence, she paused and looked down.

“I just don’t want him around my family. I don’t know what would be fair for something like this. I feel like it’s such a drastic crime,” she said.

After answering additional questions she got down from the stand and walked briskly past the table where Nichols was seated, avoiding eye contact, her arms stiffened out, fingers curled into her palms and took a seat by relatives or family members, one of whom wrapped an arm around her shoulders as she wiped her eyes.

Nichols was then given an opportunity to read a statement before the court.

“I know from society’s viewpoint I’m a bad person because obviously from society’s viewpoint I’ve done bad things and I would have to agree, but this is judged mostly — mostly — by the society’s viewpoint, however, I don’t agree with, or proscribe to society’s viewpoint or its moral codes,” Nichols said.

Nichols later added, “I just don’t belong in society. I have no place in it,” Nichols said.

Ulbricht countered Nichols’ statement.

“The statement from yourself you describe yourself as a bad person, but the court sees the behavior and actions that you took against your [victim] as criminal behavior and it’s beyond violation of a moral code that you sexually assaulted [her]. And this was within six months of when I imposed a sentence on criminal endangerment,” Ulbricht said, adding that it would be unsafe for the community to suspend any time.


Hilary Matheson is a reporter for The Daily Inter Lake. She may be reached at 758-4431 or hmatheson@dailyinterlake.com.

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