Levi Alger claimed he didn’t remember the actions that resulted in charges against him for open and gross lewdness toward underage girls. However, he also said he believed the account of his actions that the girls gave law enforcement.
“He is remorseful. He is disgusted and ashamed; truly sorry,” his defense attorney, Kyle Swanson said. “He wishes he could go back in time and correct what happened; he is willing to take responsibility and blame for what happened.”
Open and gross lewdness was just one of three separate cases brought against Alger. He was also charged with having three illegal silencers and possession of methamphetamine.
Swanson took issue with the pre-sentence investigation by the Department of Parole and Probation, which included a recommendation against probation. Swanson said the silencers in Alger’s possession were home-made and were never used in actually firing any weapon.
Swanson acknowledged the multiple weapons that were in Alger’s vehicle and out in the open in his residence at the time of his arrest. He said the weapons were out because Alger had lost his job when he was arrested, so he needed money and was going to pawn the weapons.
Swanson pointed out that his client, at 35 years of age, had a clean record — save one traffic offense — and had a good employment record. Swanson pointed out that Alger still had the support of his parents, who have been at every court hearing. Swanson said there was no indication that Alger would not be successful at probation.
After Deputy DA Richard Hass summarized the case and went into the specifics of the charges against Alger, he asked District Judge Michael Montero to take into account everything that was in the pre-sentence investigation report. He asked the judge to follow the recommendation of the Department of Parole and Probation that Alger be given the maximum sentence of a year in jail for the gross misdemeanor of open and gross lewdness and to have that sentence run consecutive to the sentence for the other two charges, both felonies.
When Alger was allowed to speak in court, he kept it short, saying, “I’d just like to apologize. That’s all I got.”
There were no victim impact statements made.
In his comments just before he sentenced Alger, Montero made it clear he did not believe the defense explanation of why Alger had so many weapons out — that he was planning to take them to be pawned. He noted that when Alger was arrested, he was wearing a hip holster with a firearm. In his vehicle, which had a personalized license plate with the word “HOSTILE” in all caps, there was an AK-47 in the back seat with a cartridge in the firing chamber. In the trunk were an AR-15, four other handguns, several loaded magazines and pepper spray. There was a taser in the glove box. Reading from the police report, the judge also named off two knives, a ballistic vest and ballistic face shield in the vehicle.
Still reading from the report, the judge said that later, when law enforcement entered Alger’s home, they found a 12-gauge shotgun resting on the back of the sofa and pointed at the front door. An AR-10 .308 with a scope and trauma plate and ballistics vest were lying across the bed with multiple other firearms throughout the house and more in the gun safe. Alger was not charged with any crime in connection with all the firearms and other gear, but the judge noted the entire situation was likely the basis of Alger’s “no contest” plea regarding the silencers.
Montero sentenced Alger to 12-34 months in prison on the felony for possession of the silencers and 12-32 months for possession of methamphetamine. The sentence for drug possession was suspended — Alger will be on five years’ probation in connection with that conviction once he gets out of prison on the other felony.
Regarding the open and gross lewdness charge, Montero sentenced Alger to the maximum for a gross misdemeanor, 364 days in jail and that sentence is to be served after the sentence of a year in prison is completed. Alger received a total of 43 days credit for time already served.
As a convicted felon, Alger will no longer be able to legally own, or have in his possession, any firearm and his conviction on the open and gross lewdness charge carries a requirement to register as a sex offender for life and follow all the requirements that registration carries with it.
