Non-compliant felon from child sex assault sent to prison

By: 
Marlo Pronovost
Wednesday, November 27, 2019
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YCDF photo
          
            Chester Allen Bagley

A man convicted of sexually assaulting a developmentally disabled teen and then racking up multiple probation violations — including drug use and getting kicked out of a sex offender treatment program — has been sent to prison.

Chester Allen Bagley, 47, appeared in district court last week, hoping to get another chance to abide by probation conditions and remain free in the community.

Twenty-second Judicial District Judge Matt Wald had other plans.

Calling Bagley’s initial 5-year probationary sentence for the original crime “phenomenal,” the judge said Bagley had already been given a second chance through that sentence.

Wald also noted that Bagley had been non-compliant with the terms of his probation on multiple levels through drug use (methamphetamine and amphetamine four days per week since April of 2019), getting kicked out of sex offender treatment and failing to keep his probation officer apprised of where he was.

“There’s nothing to indicate that you will follow through (on being compliant),” Wald said.

Wald then granted Stillwater County Attorney Nancy Rohde’s sentencing recommendation of five years in the Montana State Prison, along with completion of the prison’s Phase 1 sexual offender treatment program. Wald rejected defense attorney Greg Paskell’s requested for a continued suspended sentence and letting Bagley seek treatment on his own.

Montana Department of Corrections Probation/Parole Officer Shellie Stitchman testified that the prison would not release Bagley until he has finished Phase 1 of the treatment program. Stitchman also testified that in order for Bagley to successfully complete any treatment program, he will have to be “invested,” which Stitchmen said he has not been.

For his part, Bagley told Wald he was sorry and “would do his best” not to land back in court.

Wald said the underlying crime was very serious and that the sentence will ensure community safety.

Bagley will get approximately 1.5 years credit for time served toward the sentence.

THE CASE

In 2016, Bagley approached a boy at his workplace and “groomed him for a sexual encounter,” according to court documents. The teenager had cognitive disabilities as well as a history of sexual and physical abuse.

When the teen finished his shift and was waiting for his father to pick him up, Bagley allegedly sexually assaulted him. When the teen’s father arrived, Bagley hid behind a nearby bush. The teen told his father he wanted to ride his bicycle home and the father watched him ride toward the I-90 overpass toward home and then left in his vehicle.

When the father was out of sight, Bagley got on his own bicycle, caught up with the teenager and raped him, according to court documents.

The teen’s parents reported the assault to police. Bagley eventually admitted to having sex with the teenager.

Bagley was initially charged with sexual intercourse without consent. That charge was later amended due to what Rohde said had been a “difficult case” due to the victim’s mental capacity.

At the sentencing hearing in 2018, then Judge Blair Jones noted that although Bagley had pleaded guilty to criminal endangerment, he was being sentenced “with considerations” as a sexual offender.

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