ST. PAUL
A judge has ruled out jail time for a former hockey coach with an inoperable brain tumor who was sentenced Monday for sexually assaulting a teenage girl in Burnsville.
High medical costs and required weekly treatment make it unrealistic for James Brent Vandusartz, 57, to serve time in the Dakota County Jail in Hastings for his crime, said District Judge Richard Spicer. Instead, Vandusartz will serve 15 years' probation.
Spicer also ordered that Vandusartz adhere to 14 conditions while on probation, including that he have no contact with minor girls without prior authorization, register as a predatory offender and follow his probation officer's directives regarding computer use, Internet access and avoidance of places known for sexual entertainment and/or promiscuous sexual activity.
Vandusartz, of Burnsville, Minn., pleaded guilty to felony third-degree criminal sexual conduct for the December 2010 incident involving a former student who was 16 to 18 years old.
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Vandusartz was told he had 15 months to live after his diagnosis in January 2011, said his attorney, Dennis Johnson. His wife reported that he began "acting odd" in May 2010.
A doctor who conducted a neuropsychological exam for the presentence investigation determined Vandusartz's condition "could have some effect on what they call an impulse disorder that could have caused some of his actions," Johnson said.
Chemotherapy has caused Vandusartz's memory to become "fuzzy," Johnson added. Vandusartz appeared in court Monday morning in a wheelchair. Before his sentencing, Vandusartz apologized to the victim, her family and his family for the incident.
The victim and her family did not read impact statements, Johnson said.
Spicer ordered a stay of imposition, meaning that if Vandusartz abides by the conditions of release, the charge will be reduced to a misdemeanor conviction. However, if he doesn't follow the conditions, he could be subject to 10 years in prison.
"All the medical factors seem to indicate this guy was going to be dead in a year," Spicer said after court had adjourned. "I'm not sure what consequence I could have given this man that life didn't already provide for him. I felt particularly bad for the victim and her family."
When first questioned about the allegations, Vandusartz told police he had "sexual contact with the student" that began in November 2010 at his Burnsville home, a criminal complaint said. It happened in "the heat of the moment," Vandusartz told police.
Vandusartz worked part time at the Blake School in Hopkins as a girls hockey coach, a school spokesperson said. He is no longer employed by the school.
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Vandusartz also volunteered and worked as a girls and boys hockey coach at other metro-area private schools, including St. Paul Academy and Summit School in St. Paul.
The incident did not involve a student at Blake, police said.
The victim, who was not identified in the complaint, reported the assault to police the day after it happened. She told police Vandusartz was trying to contact her through emails and voice-mail messages, which officers then obtained, the complaint said.
Police arranged for a "controlled phone call" between the girl and Vandusartz, the charge said. The girl arranged to meet Vandusartz the next day.
That morning, police arrested him at his home.
Distributed by MCT Information Services
