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Man convicted of molesting second child

Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 5 months AGO
by Megan Strickland Daily Inter Lake
| May 20, 2016 10:00 AM

A Kalispell man was convicted of a second instance of sexually assaulting a child Thursday and could face decades in prison and chemical castration, according to Flathead District Court Judge Heidi Ulbricht.

Thomas Nichols, 26, entered an Alford plea to felony sexual assault. An Alford plea acknowledges that a defendant is likely to be found guilty at trial, but does not admit explicit guilt.

The prosecution and defense attorneys in the case have recommended at 50-year sentence to Montana State Prison with 25 years suspended. Nichols will have to complete two levels of sex-offender treatment before he is eligible for parole.

Nichols was accused of sexually assaulting a 5-year old girl last year.

Nichols did not admit to anything on the stand Thursday, but he did offer an apology.

“I just want to apologize to everyone involved,” Nichols said with a shrug. “Sorry.”

He asked Ulbricht to expedite his sentencing.

“I was just asking if there is anything you could do to speed this up,” Nichols said.

Ulbricht explained that because a sex offender evaluation had to be completed, it likely would be at least 90 days before that occurred.

She reminded Nichols that she is not bound by the plea agreement and could sentence him to the maximum penalty for sexual assault: life in prison. Ulbricht also noted that depending on the findings of a sex offender evaluation, Nichols also might be candidate for what is commonly referred to as “chemical castration.”

At the time of the most recent incident, Nichols was serving time on probation for sexually assaulting a 9-year-old girl in 2010. A jury found that Nichols had molested the girl while her family was in the other room. He offered to pay her $10 to let him continue the sexual contact but she refused.

He was released in 2014, after the Montana Supreme Court decided that prosecutors had gone too far in asking about Nichols’ sex life and that may have prejudiced the jury. He entered an Alford plea in August 2015 to an amended charge of criminal endangerment and was sentenced to 10 years in prison, all suspended.

That sentence was revoked on Thursday, and it is recommended in the plea agreement that Nichols face an additional 10-year sentence to the Montana State Prison.


Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.

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