Note: Sheriff Randy Tucker called me back this morning. He said Mr. Gagnard had not been employed by the MCSO for at least "18 months".
Former Madison County Deputy and Justice Court Judge candidate Anthony Gagnard pleaded guilty this week to sexual battery of a child under the age of eighteen. Madison County Circuit Judge John Emfinger sentence Gagnard to twenty years in prison and suspended fifteen years of the sentence. Judge Emfinger also ordered Gagner to register as a sex offender.
Gagnard was a candidate for District 4 Justice Judge in Madison County last year when he suddenly withdrew from the race. A Madison County grand jury indicted him on December 20, 2011.
The indictment charges him with one count of sexual battery and states He engaged in "sexual battery ... with "xxx", a male child under the age of eighteen years of age, whose date of birth is _______ 1994, by anal penetration of xxx, while Defendant was in a position of trust or authority over xxx.." Judge Emfinger sentenced the defendant to five years of supervised probation for five years after he completes his incarceration. The judge also ordered Gagner to have no contact with the victim. Gagner had no prior convictions.
18 comments:
20 with 15 suspended?
What in the hell would Emfinger had slapped him with if that was someone's daughter or, God forbid, had he anally penetrated someone's daughter?
We send low-grade non-selling meth abusers up for more years.
Judge Emfinger needs a big stick jammed up his ass. Why bother sentencing for 20 when you really mean five?
Just pointing out in this case five means five. No early releases.
Keep in mind in many of these cases if you have a victim that won't testify, it makes the prosecution much tougher.
If the kid was 16 or 17, it may be a consensual relationship gone sour. Hard to gauge without more facts. Gay kids have extra incentive to tell Dad it was rape.
I'm just afraid the leniency was because he was a deputy. But like I said, we don't have the facts - I'm not going to criticize judge or DA without knowing more.
"...in a position of trust or authority" and both with last name "G" makes one wonder if there was a familial relationship, in which case he will be dead in five years.
Are you sure Judge Green wasn't sitting in as special appointed judge? It's obvious the crime is picking up in Madison County, but I hate to think the judges are starting to stoop to Hinds level.
Anderson, I understand what you are saying, but frankly, I don't see this as any different from a teacher having sex with a student or Sandusky or the pedophile priests in the Catholic Church regardless of the genders or age.
The position of authority is the key factor, NOT the age or gender preference of the victim.
There is a difference between sexual predators who violently attack and those who groom their victims only in the physical damage done, but they are both sexual predators. These predators often seek careers where they will have authority over young people.
I know the topic is uncomfortable, but the legal system really needs to become better informed about human behaviors particularly pedophilia and other forms of child abuse.
Sexual predators don't change. They may adopt more effective facades and become more selective in targeting victims, and thus not get caught again, but they do not change.
The problem is that like the Cardinals, or the Penn State administration etc, we don't like to face that someone who we liked, who can be charming and who SEEMS perfectly normal is in reality, a monster. We want to be able to trust our instincts about people and when it's proven we can't, we start making excuses rather than admit these monsters can fool us.
Just another day in Madison County.
The victim did not need to testify at trial since the 30yo sexual predator, who wanted to be a judge of other people's behavior, pleaded guilty to the crime. How many innocent folks plead guilty when they're not? In five years, the creep will be up to his usual charming, deviant behavior.
The activity very likely could have been consensual, but I'll bet that under that particular statute, consent is not a defense.
I know the topic is uncomfortable, but the legal system really needs ...
And the basis for your expertise is what?
some of you are really, really stupid. That was most likely a recommended sentence from Jackie Purnell, Guest's sex prosecutor. Kingfish is right, many times the victims don't want to testify. If the victim won't testify, there can't be a trial. So, surprise, humans compromise and the defendant gets a relatively "light" sentence but the state gets a conviction, some prison time and the creep on the sex offender registry. That's just the way it works and it won't change no matter how many times some of you drag your fingernails over a chalkboard and weep and wail. And, I'm a friggin expert after 32 years as an attorney on both sides of the criminal justice system in Miss.
This should only represent the person. He does not represent Madison County .
I'll defer to the 'expert with 32 years as an attorney', but, in order for this to have been about 'power and authority', would he not either have to have been a family member OR in uniform? Otherwise, where's the power (as construed under the law)?
"Another day in Madison County". What a dumbass comment.
5:05pm Some of us did the investigations that brought child abuse cases to the courts attention and came to understand many factors OTHER than the probability of a conviction often went into the decision making process especially when the perp had been regarded as "respectable" in the community.
If the case were all that shaky, the defense attorney wouldn't be willing to enter a plea or the defendant willing to accept it. They obviously didn't believe the victim wouldn't be a good enough witness or that the facts and record didn't support his story enough to agree to BE a registered sex offender until a governor pardons you.
And,here's a news flash, no victim of sexual abuse WANTS to testify. A prosecutor can either help a victim find the courage or encourage the fear and embarrassment.
Using a victim's discomfort in talking about the intimate gory details as an excuse is an easy way out and overcoming that discomfort requires hours of work.
Checked the rate of how many of these cases get plead down? EVEN when the perp is caught on TAPE.
I've heard it all over the years, but the truth is that prosecuters hate these cases for reasons having little to do with odds of success.
11:05, a wise old prosecutor once told me that the reason prosecutors hate these cases is because there is no other case where the likelihood of an innocent person going to prison, or a guilty person going free, is so high.
Rest assured that Judge Emfinger had a good reason for imposing this sentence. Even if it was a plea deal, you can bet he inquired about the facts of the case before signing off on that sentence. Both Judges in that district don't just rubber stamp deals. It is not unusual for those Judges to ask for an explanation when a plea agreement seems lower or higher than the sentence imposed in other similar cases. And when they ask, someone better have a legitimate explanation.
Still awaiting speculation as to the applicability of 'in a position of trust or authority'.
@9:03 "Just another day in Madison County"....what a dumb-ass comment.
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