The Blaine County Journal News-Opinion - We've Got The County Covered

Jack Young Changes Plea to Guilty in Pre-Trial Agreement

 

November 2, 2022



On April 29, 2022 a warrant was issued for the arrest of former Harlem High School teacher, Jack Garner Young, with a bond amount of $150,000. On May 2, 2022 an Arrest Warrant was issued and served charging Young with a Felony Count of Sexual Intercourse without Consent as well as misdemeanor charges of sexual assault and indecent exposure. In a court appearance in May Young plead not guilty to the charges and was remanded into custody and jailed at the Glasgow detention facility.

On Monday, October 25, 2022 Young appeared without objection via Zoom for a change of plea hearing with his counsel, Casey Moore. Blaine County Attorney Kelsey Harwood represented the state of Montana at the hearing. The purpose of the hearing was for the parties to present to the court the details of a Pretrial Agreement negotiated between the Blaine County Attorney and Defendant’s counsel.

At that point Young was reminded of the charges filed against him and the possible penalties that may apply should he be found guilty. After a line of questioning the court determined that Young was proceeding competently and had the ability to participate in his own defense and was satisfied with his council. At this time Young entered a new plea of Guilty with regard to Count 1: Sexual Intercourse Without Consent, a felony, in violation of Mont. Code Ann. § 45-5-503. Young then waived his right to remain silent and was questioned by his attorney, Mr. Moore to establish a factual basis for his guilty plea. The court accepted his answers were given knowingly, intelligently, and voluntarily.

Judge Yvonne Laird then issued an order stating that the “Department of Corrections shall prepare a Pre-Sentence Investigation Report in this matter and shall submit the report prior to sentencing. The Defendant shall cooperate in all respects with Probation and Parole in the preparation of said report and shall return the pre-sentence investigation questionnaire on or before Wednesday October 26, 2022 at 5:00 p.m. The Defendant shall complete a Psychosexual Evaluation as required by MCA§ 46- 23-509. The State and Counsel for the Defendant shall discuss a qualified evaluator. If the parties cannot stipulate to an evaluator, they shall notify the Court.”

A sentencing hearing was then set for February 27, 2023 at 1:30 p.m. The court then remanded Young to the custody of the Blaine County Sheriff’s Department and ordered that he be held without bond.

In making his change of plea Young agreed to plead guilty to Count I; Sexual Intercourse Without Consent, a felony, and to provide the Court with a factual basis that satisfies the Court and the State he is guilty as to the crime alleged. Young also will agree and state on the record he is satisfied with his attorney, and he has done everything requested of him by the Defendant.

In accepting Young’s change of plea, the state of Montana will then agree, upon the court’s acceptance of the agreement to Young’s plea of guilty to Count 1 as previously outlined, to recommend the Court sentence Young to the Montana state Prison for 20 years with 10 suspended and that the misdemeanor counts 2 and 3 be dismissed.

Young reserves the right to argue for whatever lawful sentence and/or conditions during the suspended portion of sentence he deems appropriate, and it is understood and agreed the State reserves the right to recommend reasonable conditions of any suspended sentence, fines, and restitution after reviewing the Pre-sentence Investigation Report. Judge Laird noted that the family of the victim has yet to ask for any restitution from the defendant as of yet, but that they have the right to do so in the future.

 
 

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