A 22-year-old man who was convicted of having sex with a 13-year-old Hutchinson teenager he met on Face book will be granted an evidentiary hearing on the allegation by the state that he violated his community corrections.
Zachary Tague was given 36-months of community corrections on a 32-month underlying sentence for aggravated indecent solicitation of a child. He entered the plea back in June of 2010 in front of Judge Joe McCarville as part of plea agreement with the state. He had been charged with rape even though the sexual conduct was consensual.
But, the state has now filed another motion claiming he violated his community corrections, meaning he will face Judge McCarville once again over the latest allegations.
According to the court filing, a polygraph test was given on December 16, of last year, and it showed him being deceptive over conduct with a 10-year-old child. Apparently, he grabbed the hand of the child, but according to the state, was afraid of the sexual thoughts he was having.
There were also an allegation of him having unsupervised contact with two kids, one a ten-year-old and the other, a two-year-old, but also had on-line contact with minors, including an on-line chat with a 17-year-old.
The state also alleges he altered his physiology during the polygraph.
Defense Attorney Bonnie Corrado with the Regional Public Defenders Office asked for the evidentiary hearing, telling the judge that she would be calling two or three witnesses during that hearing. Judge McCarville agreed and set the hearing date for January 26, at 1:30 p-m.
