Shockey sentenced

FORT SCOTT, Kan. -- A judge sentenced David E. Shockey, 37, Fort Scott, to 11 years in prison on Friday for sexually molesting a 9-year-old girl. The question was never about if Shockey would go to prison but for how long. Bourbon County District Court Judge Mark Ward had to decide if he would go away for five years or 11 years.

Shockey pleaded guilty in March to one count of aggravated indecent liberties and made an Alford plea to the second count, also aggravated indecent liberties with the child. An Alford plea means the defendant doesn't admit the act and asserts innocence but admits that evidence exists with which the prosecution could likely convince a judge or jury to find him guilty.

Bourbon County Attorney Terri Johnson argued that Shockey should serve 71 months in prison for each count with sentences for each running consecutively, meaning he would serve them back-to-back. Shockey's attorney, Robert Myers, said if the counts ran concurrently his client would serve five years. Myers said his client agreed to more prison time than was called for and that Shockey's sentence was increased by 20 percent when he agreed to the five years. Ruling in favor of the state, Ward justified his decision based on Shockey's actions during the crimes and his admitted guilt. Ward said Shockey used force and threatened the girl during the assaults. Ward also ruled that the defendant's post-release supervision be increased to 60 months rather than the standard 24 months.

The prosecution played a videotaped interview of the then 9-year-old girl talking with a social worker in August. It was first made public during the preliminary hearing in November. She is currently 10 years old.

According to the girl's account during the video, Shockey blindfolded her with a bandanna during one of the sexual attacks, punched her in the chest during another, and another time threatened to kill her if she told anyone what he was doing.

The incidents occurred on or between April 15, 2005, and March 25, 2006.

Before Ward pronounced the sentence, Shockey was given the opportunity to speak.

"I want to tell (the victim) I'm sorry," Shockey said, "and that she's a good girl. I want to ask the court to get me some help." According to police testimony, Shockey confessed to Fort Scott Police during an interview in August that he had simulated sex with the child about four or five months earlier. The officer said Shockey willingly agreed to the interview and initially denied the allegations during questioning.

Right after Ward pronounced the sentence, the victim's mother wept, and there was a great deal of emotion displayed by Shockey's family. His sister and his wife spoke during the hearing about how his actions have impacted their family.

The victim's mother said, "David knew exactly what he was doing. I don't want this to happen to another child."

In addition to the mother's comments, the court heard accusations from Shockey's family that he had been sexually molesting family members -- as many as seven -- since he was 15 years old.

"Silence has caused the cycle of abuse to continue," Johnson read from a prepared statement written by one of his sisters. "I'm not going to be silent anymore. We pray that he (Shockey) finds God before he meets his maker." Myers objected to parts of the family's comments being read in court, calling them "hearsay," and said the comments played on the emotions of the court to rule in favor of the prosecution. Ward overruled his objection.

Shockey is currently in custody at the Southeast Kansas Regional Correctional Center until officials transfer him to an as-yet undetermined Kansas Department of Corrections facility to serve his sentences.