A Humboldt County man who admitted to improper sexual contact with his step-daughter, when she was 13 years old, was sentenced in Senior Judge Steven Elliott’s court on Mon., March 12. Timothy Allen Draper was granted probation after pleading guilty to open and gross lewdness. Draper spent five days in jail after his arrest last year but will not spend any more time behind bars for his actions.
The plea agreement Draper and his attorney reached with the Humboldt County DA’s Office said that probation would be recommended. The Department of Parole and Probation also recommended probation, however, P&P recommended that Draper serve nine months in jail, prior to the start of probation.
Debbie Okuma with the Department of Parole and Probation explained why the Department felt Draper should serve time in jail, saying “He stole the victim’s innocence at 13, for two years; the defendant should spend time in custody.” Okuma said the nine months in jail, which the Department recommended, amounted to “very little time” compared to his crime.
Senior Judge Elliott said that while he certainly understood the Department of Parole and Probation’s request for at least nine months jail time before Draper was put on probation, he had to consider other factors in the case. Those factors included absolutely no criminal history and a psychosexual evaluation that concluded he was at low risk to reoffend, said Elliott. The judge said Draper was a middle-aged man, who worked for a long time to earn the supervisory position he holds as a ranch manager and noted it would be very hard for him to start over if he lost his job.
The judge said Draper’s actions with his step-daughter amounted to a “crime of opportunity.” While he said that was “very bad” and he didn’t really like the idea of not imposing jail time, he described Draper as not being “the usual type of offender.”
In court, Draper repeatedly said he was “sorry, truly sorry” and would take back his actions if he could. He said he wanted to get counseling “to make sure nothing like this ever happens again.”
Draper’s defense attorney said Draper has been working with Child Protective Services (CPS) toward reuniting with his family and that CPS wants him to receive counseling before that happens.
The Humboldt County DA’s Office had originally charged Draper with two counts of open and gross lewdness with a child under 14 years of age, a category A felony. The plea agreement reached with the DA’s office allowed Draper to plead guilty to open and gross lewdness (with no reference to the age of the victim,) a category D felony. His conviction on the reduced charge will still carry a requirement that Draper register for the rest of his life as a sex offender and abide by all the restrictions that entails.
Judge Elliott sentenced Draper to serve 19-48 months in prison, suspended the sentence and put him on probation for a term not to exceed five years. Conditions of probation include abstaining completely from the use of alcohol or controlled substances in any form, including marijuana.
The judge first said Draper was to have no contact with the victim in any form whatsoever but then, because the victim is still a family member, determined that Draper’s probation officer could determine whether or not contact could be allowed at some point. Draper was assessed $153 for DNA collection and analysis, a $25 administrative assessment and is to repay the Department of Parole and Probation $855 for the cost of the psychosexual evaluation performed in the case. Draper will not be granted any good time credit or early release from probation unless all fines and fees are paid in full.
