Young sex offender gets yet another chance to comply

By: 
Marlo Pronovost

DOC photo

Justin McCally

By his own attorney’s words, Justin McCally has already been given the “opportunity of a lifetime” when in 2016, he was sentenced to probation for the sexual assault of a young girl.

Although McCally has failed to abide by the terms of his probation, he is getting yet another opportunity to save himself from harsher consequences.

After admitting to being terminated from a sexual offender treatment program for failing to comply with instructions, McCally appeared in district court last week on a revocation of that initial sentence.

At the joint recommendation of Stillwater County Attorney Nancy Rohde, defense attorney Greg Paskell and Montana Department of Corrections Probation/Parole Officer Joe Dompier, McCally was re-sentenced to a 10-year commitment to the DOC with five years suspended.

McCally, who turns 21 this week, has been approved for a pre-release center and has been accepted back into a sex offender treatment program.

“I’m very disappointed in myself,” said McCally, crying, before District Judge Blair Jones sentenced him.

Jones told McCally that he does not see him in the same light as other defendants who bring a “level of complete destruction.”

“I’m not giving up on you,” said Jones.

McCally’s victim was present in the courtroom during the hearing. No mention was made of her.

Jones said the new sentence provided rehabiliation through treatment and a measure of community safety through McCally’s supervision.

THE CASE

In 2016, McCally was sentenced to six years of probation one year ago after pleading guilty to sexually assaulting a young girl. He was also ordered to complete sex offender treatment.

The revocation was based on seven separate alleged violations of his probation that included cancelling appointments, being at parties with “minor-aged” alcohol consumption, unapproved contact with a 5-year-old girl, viewing pornography, traveling outside his approved travel area without permission, having surveillance cameras at his home and staying overnight at his girlfriend’s without prior permission, according to court documents.

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