Bail is set at $30,000 cash only and McCutchan was ordered to have no contact of any nature with minor children, records show. He has been in custody since his arrest.
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SUBLETTE COUNTY – Robert W. McCutchan, of Pinedale, is awaiting completion of a presentence investigation for his change of plea hearing after reaching an agreement for alleged sexual assaults of two girls in the past.
He pleaded not guilty on July 31 to three felony counts – and his four-day jury trial was scheduled to begin on Jan. 16 in the Pinedale courtroom.
Bail is set at $30,000 cash only and McCutchan was ordered to have no contact of any nature with minor children, records show. He has been in custody since his arrest.
Count 1, a felony, charges that from about Jan. 1 through Dec. 31, 2001, McCutchan inflicted sexual intrusion, cunnilingus, on a victim younger than 12, sexual assault in the second degree. The maximum sentence would be 20 years in prison and $10,000 fine.
Count II, also a felony, alleges that from about Jan. 1, 1998, through Dec. 31, 1998, as an adult he subjected a victim younger than 14 to sexual contact, a girl’s intimate parts, namely vagina, and her clothing covering them: sexual assault in the third degree, with a maximum of 15 years in prison and $10,000 fine.
Count III, a third felony, alleges that from the summer of 1994 through summer 1996, McCutchan performed immoral or indecent acts with a different female child’s intimate part, her vagina, and had her perform fellatio on him: Immoral or indecent acts with a maximum of 10 years in prison and $1,000 fine. The total maximum could be 45 years in prison total and fines of $21,000.
Special Prosecutor Tucker J. Ruby of Buffalo and public defender Elisabeth Trefonas informed 9th District Court Judge Melissa Owens, of Jackson, that they reached an agreement, records show.
On Dec. 1, Judge Owens approved Trefonas’s motion to order a presentence report.
“A change of plea and sentencing will be set upon the filing of the completed presentence investigation report,” the judge wrote.
McCutchan agreed to plead no contest to Count I and Count III, providing factual basis for each charge.
The state would agree to dismiss Count II.
For Count I, Ruby would cap his sentencing argument to 10 to 15 years in prison with credit for time served. Trefonas would be free to argue for any legal sentence.
For Count III, the state agreed to cap the sentencing argument at 6 to 8 years in prison, to run concurrently, at the same time, with the Count I sentence. Trefonas would be free to argue for any legal sentence.
The defendant acknowledged by pleading no contest to the two felonies, he would give up his right to a trial before a judge or a 12-person jury.
