A 21-year-old Austin, Colorado man who entered pleas in a child sex case was sentenced to a total of 52-months in prison on three counts.
Travis Nall was given the 52-months for indecent liberties with a child, 32-months for aggravated burglary, and 12-months for aggravated assault. Judge Joe McCarville then ran all of the sentences concurrent to each other.
As part of a plea agreement, the state had dropped the remaining counts which included charges of sodomy with a child, 14-to-15 years of age, two counts of battery, aggravated assault with a deadly weapon, and criminal damage to property.
Judge McCarville denied a downward departure motion saying he couldn’t find any compelling reasons including the defense contention that Nall was voluntarily intoxicated when at least some of the sexual encounters occurred. He also stated that he didn’t buy the contention that Nall didn’t know what he was doing was wrong.
As the sentence was being handed down, the mother of defendant jumped in and told the judge that the mother of the victim allowed this, even allowed the two to sleep together. Judge Joe McCarville explained that he has no jurisdiction over that, only the case before him.
She then wanted to see her son, but was denied that as he was being escorted from the courtroom. She then yelled at sheriff deputies and the judge, “you people have no heart.”
The case starts with Hutchinson Police being dispatched to an apartment at 104 East C just before 2 a-m on January 30 on the report of the disturbance. The investigation led to the charges being filed.
The child sex charge comes because of the touching which allegedly occurred sometime between August of last year and January 30.
