A Grand Forks judge told a cancer survivor accused of sexually assaulting a child more than two years ago that the defendant's medical status is not enough to warrant an in-home sentence.
Judge John Thelen ordered David Allen Willings, 52, to serve 12 years in prison for a Class A felony of gross sexual imposition after a girl younger than 13 years old said the defendant touched her inappropriately in July 2015.
The sentence was handed down Monday in Grand Forks District Court after Willings entered an Alford plea-he did not admit guilt but acknowledged the state has enough evidence to prove he committed the crime.
The charge brought against Willings in January 2016 initially was a Class AA felony, which carried a maximum punishment of life in prison without parole. He also faced a Class B felony of luring minors by computer.
The latter charge was dismissed and the former was downgraded pursuant to a plea agreement filed Sept. 15. Defense attorney Alexander Reichert asked if Willings could serve his time at home since he was diagnosed with throat cancer in 2009.
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Willings requires frequent medical attention, is in "constant pain," has a diminished immune system, Reichert said, adding putting the defendant in prison "could kill him."
"His sentence that he serves would be far different than a sentence that somebody who is of normal health would be," he said.
Willings "groomed" the victim, whom he had known for several years and gained her trust before sexually assaulting her, Assistant State's Attorney Brittney Blake said. The prosecutor noted medical documents indicating Willings was cancer-free as of August.
"The logic there would be the defendant could commit murder and not receive jail time because of needing medications and needing proper medical care," she said.
Reichert said the defense wasn't trying to use Willings' medical status as an excuse to avoid punishment. Thelen said he did not find Willings to be in poor health, adding it is up to the North Dakota Department of Corrections and Rehabilitation to decide if it can facilitate the defendant's needs.
Willings must register as a sex offender.
