An Ada County judge rejected a plea agreement that would have sent a Boise man to jail for less than a year for sexually abusing an 8-year-old boy.
District Judge Jason Scott said he could not justify such a short sentence that would have allowed David Chmielowiec, 61, to serve a short sentence and then be placed on probation. Scott instead ordered Chmielowiec to serve between 30 months and 10 years.
“I cannot see this as a probation case,” Scott said during sentencing on Friday.
He said the abuse could have a lasting impact on the victim.
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“It’s a sad situation when a child has to go through something like this,” Scott said.
Chmielowiec, who was known to the victim, abused the boy during four incidents that took place over a nine-month period. He was charged in January with lewd conduct with a child under 16. The date of the incident that drew the charge was listed as Jan. 1, 2012, according to online state court records.
Chmielowiec pleaded guilty to the charge in September.
“I understand that my actions are reprehensible actions. I understand the harm that I’ve caused is widespread. I understand the need for punishment,” Chmielowiec told Scott.
Cathy Guzman, the Ada County deputy prosecutor who handled the case, told Scott that Chmielowiec admitted his guilt and agreed to plead guilty to spare the boy the trauma of having to testify in a trial.
She recommended that Chmielowiec serve a year in the Ada County Jail, while defense attorney Jon Cox sought a jail term of 90 days and a requirement that Chmielowiec pay for a treatment program for sexual disorders.
Chmielowiec was also ordered to pay a $5,000 penalty that will cover ongoing services for the victim and a $3,000 fine.