WARSAW — If it was not for the persistence of his attorney, Kim Allen Jacquay Sr., 59, 80 Castle Court, Auburn, could have spent the rest of his life behind bars. Instead the class A felony charge of child molesting, was amended to a class C felony and a plea agreement reached.

Jacquay was in court Thursday, March 24, for acceptance of his plea agreement and sentencing, which was submitted on Feb. 15. He was sentenced to eight years, with four years suspended to be served on probation with special rules including no consumption of alcohol. He will also register as a sex offender for the remainder of his life.

The charges stem from a 2014 case where Jacquay had sexual intercourse with an 11-year-old girl, whom he was charged with babysitting. The molesting occurred sometime between 2008 and 2009, but was not reported until Jan. 31, 2014.

Kosciusko Superior Court Judge David Cates stated it was an extreme understatement of the support noted in Jaquay’s corner. “In the course of your life time you have done a lot of good for a lot of people. You do have a criminal history, but it appears to be all misdemeanors involving alcohol. You have serious issues with alcohol.”

Cates noted Jacquay has been a positive influence in many lives, but “it appears to me, for a large extent, you are blaming alcohol and continue blaming police … you’re the one who told me you molested a little girl in your care. I don’t have any way of undoing that,” said Cates.

Chief Deputy Prosecuting Attorney Brad Voelz referred to the numerous letters received stating Jacquay was a generous and kind person, loved by his family and friends. “That doesn’t excuse or mitigate what he did.” Voelz noted the numerous alcohol convictions and the fact he blamed the alcohol for his actions. He pointed out all the help the court has offered since his first arrest in 1991 through 2012. “How can we be confident he will stay sober in the future.”

Jacquay’s attorney Jeffrey Terrill, noted his client was 59-years-old, not in the best of health and surrounded by a strong support group. He pointed out he was a generous, hardworking, caring man and was not someone who reads or writes very well and is hard to understand when he does write. “He’s involved in the community and has done a lot of good and continues to contribute,” Terrell stated. He asked the court to consider probation with strict guidelines regarding alcohol.

Terrell also asked the court if probation was not an option, to consider less than the maximum in the plea agreement. During his arguments for a lesser sentence, Terrell noted his client would respond to probation and short term imprisonment. “He would be a model inmate and is receptive to probation. With his age and health, eight years is a life time …”