A Lyon County man originally accused of multiple sex offenses against two young girls was sentenced Tuesday morning in Lyon County District Court to 165 months in prison, on a reduced charge of aggravated criminal sodomy, a Level 1 person felony.
Max W. Engle, who was 56 when he was charged Sept. 8, 2009, originally had been charged with four counts of aggravated indecent liberties and one count of aggravated criminal sodomy, all against a limited number of elementary or preschool-aged children.
Engle later entered a plea agreement and pleaded guilty to aggravated criminal sodomy, which occurred between Sept. 1, 2005, and June 30, 2006, when the victim was 4 or 5 years old.
The hearing on Tuesday brought post-sentencing remarks about the reduced charge from District Judge Lee Fowler, who presided over the case, and from County Attorney Marc Goodman, whose office prosecuted Engle.
The incidents in the original charges were alleged to have taken place over a two-year period between Sept. 1, 2007, and Sept. 4, 2009. Sentences on those charges would have been under Jessica’s Law, which went into effect on July 1, 2006, and imposes harsher penalties on sex offenders who prey on children.
Under Jessica’s Law, a first-time offender would face a minimum 25-year sentence for any of seven crimes committed against anyone younger than 14; a second conviction — no matter the victim’s age — would have 40-year sentence; third-time offenders face life without the possibility of parole, according to the Associated Press.
In an affidavit filed with the court last year, Lyon County Sheriff’s Deputy Jarrod Fell said Engle told him that he had met the young sex-abuse victims while recruiting youths for his church. Engle explained to Fell that he targeted “young troubled children” and that he had spend a substantial amount of time with the family of the girls.
The incidents took place in vehicles in which Engle and the children were riding, at his home, and in the shower at his home.
In court for the sentencing, defense attorney Rod Symmonds told Fowler that “Mr. Engle is very sorry. ... He understands the impact it’s going to have on the future.”
In addition to the 165-month prison sentence, Engle will have 36 months of post-release supervision and will need to register as an offender.
Fowler said that the court also would impose charges for court costs, DNA database collection, witness fees, and booking and processing fee. Engle also received 229 days of credit for time served, beginning on Sept. 4, 2009, when Engle was taken to the Lyon County Jail. He has remained there in lieu of bond.
Fowler gave Engle a synopsis of obligations or losses of rights he would face as a result of his plea and conviction: Engle will not have the right to have his conviction expunged and, in addition to registering as an offender, he must supply specimens of blood or oral samples to the Kansas Bureau of Investigation for DNA analysis, and may no longer own or possess a firearm.
“I would note the court does not control the charging of the case,” Fowler said in his statement. “That is the responsibility of the county attorney.”
Fowler noted that while the defendant pleaded guilty to a charge involving a time period in 2005 and 2006, when the victim was four or five years old, the sex abuse did not end in 2006.
“However, the evidence in this case is overwhelming and substantial that the sexual abuse of the victim remained ongoing after July 1, 2006, through September, 2009, more than three years after the passage of K.S.A. 21-4643, known as Jessica’s Law.”
Under that law, he said, Engle would have served a minimum of 25 years before being eligible for parole.
“That would have been the sentence if the state had elected to proceed under the original complaint filed in this case and the defendant found guilty. In fact, the state dismissed five other charges, all of which subjected the defendant to a life sentence if he were to be convicted of those charges.
“When this court refers to evidence that is overwhelming and substantial, I am referring to evidence presented during numerous hearings before this court demonstrating multiple acts of sexual abuse by the defendant against multiple victims, including the defendant’s own admissions to these acts to multiple individuals, including law enforcement officers who obtained videotaped admissions by the defendant to these crimes.
“Because of a plea bargain in this case, the defendant is not subject to a life sentence, he is not subject to lifetime supervision, he is not subject to lifetime registration, and he may be released back into the community as early as 11 years and released from all supervision within 14 years from today’s date,” Fowler said after imposing sentence.
“The evidence clearly establishes that the defendant targeted young children for sexual activities. He used his relationship with a church to seek out those children to satisfy his needs. The unsupervised release of the defendant at any time puts the community at risk. The state had the tools to protect the community but chose not to use them. The question is, why?”
County Attorney Marc Goodman said his office has a strong record in child sex abuse cases, and that the victim had been considered in reaching the plea agreement.
“We certainly have an interest in and concern with victims and, in fact, it is a stated policy in my office that the victim must be contacted in regards to any sentencing recommendation and plea,” said Goodman, who called from Topeka, where he is attending the 13th Annual Crime Victims Rights Conference.
Goodman said that one of the aspects the prosecution considers is the possible affect of the trial on the victim, and what is in the best interests of the child.
“The parent in this case was quite adamant about the harm, or risk of harm, that would come to her daughter if she actually had to go through a full trial,” Goodman said. “We assented to some of the views that she expressed regarding her daughter. We explained to her how much longer the sentence could be, and she was quite adamant. ...”
Goodman said that the cases have several types of options, including instances where judges can depart from sentencing.
“We followed for that little girl what the mother really felt would happen to her, or the long-term effect on her if she were put through the rigors of a full trial,” he said. “I certainly would vehemently disagree with any statement that we don’t look after the (welfare) of the child.”
UsayULoveGod (anonymous) says...
Okay 2 things,
1. If he is 56 years old, How many kids did he abused through the years.
2. Why make a deal with someone who has destroyed the life of countless children. They were not his first or his last. 13 years for this crime is a JOKE !
Please post his picture and name and ask for others who have been abused to come in. His victims were single mothers with kids and some who were illegals. Do the right thing and do some more investigating!!!!!!!!!!
April 21, 2010 at 12:17 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
KVOE news reported that "Goodman also said the Engle case was “getting weaker” as it progressed. "
That's because no one was coming forward because there were no other victims. There is, however, an original perpetrator of unknown whereabouts that does deserve a life sentence for what he did to and taught one of these girls. The outcome in this part of the whole ugly matter is fair and just. I pray that the other part of it sees justice also.
April 21, 2010 at 5:06 p.m. ( permalink | suggest removal )
UsayULoveGod (anonymous) says...
Because there is no other victims ? I hope you do not believe that. He just woke up at the age of 54 and said , I think I am going to start molesting kids. This has been going on for awhile. He knows the truth. If they would just look farther they would find more victims . But it is cheaper and easier to quit now and not find those victims.
April 21, 2010 at 10:29 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
Usay:
If you know something, you need to step forward with info. Until then, yes, knowing what happened, I believe that there are no others, but I do not in any way defend him.
This story is much more complex than what will ever be in the news or as you portray it without knowing what happened. This is a fair sentence. Not one day less, but also, not one day more.
April 21, 2010 at 11:13 p.m. ( permalink | suggest removal )
momtoall (anonymous) says...
Part of the concern as I read and heard on the news is that the families of these victims worried about more damage to their children should they testify. If parents don't allow their child to testify, then as distastful as it sounds, what is the prosecuter going to do? Bring a case with no witnesses and allow this predetor to go free when the jury hasn't enough evidence for conviction?
A sentence of that length may keep him away long enough considering his age. Better some sentence then no sentence.
No one can force these people to make their child testify...As a parent I can sympathize with their feelings and commend those who chose to respect them.
April 22, 2010 at 4:20 p.m. ( permalink | suggest removal )
gus (anonymous) says...
If there was a taped confession, why is there a need for the victims to testify? I don't understand how much more of a solid case the CA office can have with a taped confession from the defendant. Why plea it down and risk more potential victims? I would like to think this irresponsible prosecution is a not a common practice, but unfortunately it seems to be a regular occurrance. Why have there been so few sex offenders prosecuted in Lyon County? Is it that we have few sex offenders...I doubt it!! The plea's, dismissals and diversions that come from the CA's office is astounding and ridiculous!! The cases prosecuted in Lyon county would indicate a fairly safe community (compared to other communities of similar demographics); however, I have never felt so unsafe in this community.
I feel truely sorry for the victims of this sick man. However the "justice" this sex offender recieved is the biggest "injustice".
Too bad the Gazette or other media outlet couldn't do a more in depth investigation about Goodman's claims...The public will never know the real story!
April 22, 2010 at 10:46 p.m. ( permalink | suggest removal )
hartford (anonymous) says...
What???? Fowler and Goodman ought to be ashamed of themselves? This guy got a light sentence.....and it doesn't make sense.....WTH??
And some one above mentioned only the young victims mentioned above were his only vcitims????? Y-E-A-H RIGHT!!!!!! This 56 year old man just didn't become a pedifile late in life! This case, and those suppose to be on our side, make me sick!!!!
April 25, 2010 at 8:38 a.m. ( permalink | suggest removal )
Landa (anonymous) says...
Oh4theluv of,
Seriously, everytime I see you on here, I think, "can this person get any more stupid?" and yet, you show me that your stupidity is endless.
This man has SEVERAL other children who have admitted they were molested by this man. The only difference with the other children is that Mr. Engle has not admitted to sexually abusing them. You really need to just keep your mouth shut unless you really know what's going on. You are always so quick to jump on here and give your two cents, but you NEVER have a valid point and you NEVER make any sense. Get a hobby,.
April 26, 2010 at 10:47 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Landa
You are the one who doesn't know this situation. Oh4 knows this situation all too well as do I. You obviously have a problem with Oh4 and look for any reason to put her down. Perhaps you are the one who should get a hobby. I look forward to not seeing your posts on here after you get your hobby. Good luck with your hobby search.
April 26, 2010 at 10:55 a.m. ( permalink | suggest removal )