Lewis man pleads guilty in sex abuse case – gets 2 years probation
December 6th, 2012 by Ric Hanson
Cass County Attorney Dan Feistner, Thursday, issued a statement indicating a Cass County man who was scheduled to stand trial a second time next Tuesday on sex abuse charges, has instead plead guilty to one felony count of Sexual Abuse in the Third Degree. Roger Allen Ericksen, of Lewis, appeared in court Tuesday along with his attorney, and entered his voluntary plea as part of an agreement with the State of Iowa, represented by Feistner.
Ericksen had faced 46-counts of 3rd degree sexual abuse, two counts of lascivious conduct with a minor and two charges of assault with intent to commit sexual abuse. In entering his plea Tuesday, the other charges were dismissed. Ericksen admitted that on or between the dates of March 18th, 2011 to July 25th, 2011 he used a sex toy to perform a sex act upon a 14-year-old female victim.
Ericksen waived a pre-sentence investigation (PSI) and all constitutional rights as well as the right to a fifteen-day waiting period between plea and sentencing and the right to withdraw his guilty plea at least five days prior to sentencing and was immediately sentenced by the District Court. The judge sentenced to a maximum of 10-years in prison, but then suspended the entire sentence and placed Ericksen on two-years of supervised probation.
As part of the terms of his probation, Erickson is required to register as a sex offender in the State of Iowa, he must provide a DNA sample, have no further contact with the victim for 10-years, enroll in and complete a Sex Offender Treatment Program, and reside at the Residential Treatment Facility in Council Bluffs, until his term is satisfied. In the meantime, he will be held in the Cass County Jail until space is available at the RTF.
In addition, a special sentence was imposed committing Ericksen into the custody of the Director of the Iowa Department of Corrections for the rest of his life, with eligibility for parole as provided under the Code of Iowa. All remaining charges against him were dismissed. Feistner said it boils down to this: Ericksen is on probation for 2-years. If he successfully completes the terms of his probation, the 10-year sentence will no longer be held in reserve. However, if he commits a serious crime, the entire 10-year sentence could be invoked. The Special Sentence (Under Iowa Code 903B.1) means that he is technically “On parole” with the Department of Corrections for the rest of his life. If he commits a crime that draws their attention, the DOC can invoke a variety of punishments, at their discretion.
Last August, a mistrial was declared in Ericksen’s case, after the jury could not reach a unanimous decision on its verdict.
(For details on 903B.1, see: http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=903B)