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Man accused of assaulting a child receives deferred sentence

by DERRICK PERKINS
Daily Inter Lake | August 9, 2022 12:00 AM

While expressing misgivings, Judge Robert Allison handed down a deferred two year sentence to a man accused of abusing a special needs child with a belt who entered an Alford plea earlier this year.

Prosecutors initially charged Skylar Fincher, 24, of Kila in Flathead County District Court with assault on a minor for the alleged incident in 2020. The two sides reached a deal earlier this year that saw Fincher plead guilty by way of an Alford plea to criminal endangerment.

In an Alford plea, the defendant maintains they are innocent, but acknowledges a jury likely would convict them based on the evidence.

“He entered an Alford plea,” Allison said of Fincher before handing down the sentence, which included credit for one day of time served. “He doesn’t take any responsibility or accountability for the offense, but then wants the benefit of a plea.”

Authorities began investigating Fincher after the state Department of Child and Family Services reported a child suffering from severe bruising in June 2020. According to court documents, the child identified Fincher, her mother’s boyfriend, as her assailant.

The child later added more details, including that Fincher hit her with a belt and sat on her, during a follow up interview, court documents said. Fincher and the child’s mother later allegedly told investigators that the child injured herself in a fall.

The grandmother of the child submitted a victim’s impact statement prior to the sentencing. In it, the grandmother criticized the court for giving Fincher a “slap on the wrist.”

“My granddaughter is damaged because of what this so-called man did,” the grandmother wrote. “She is in therapy, which no child should be in. I just want justice for my granddaughter.”

She accused Fincher of destroying relationships.

“He has ruin[ed] my family,” she wrote. “He has taken away [the victim’s] mother from her daughter and family.”

Allison pointed to the letter as he mused over his sentence. The agreement, he noted, offered no restitution. According to the statement, the child undergoes therapy and requires a service dog for anxiety. Both likely carried a cost, he said.

“I’m left with little choice, though I don’t believe [this] is the ideal outcome for everybody except for Mr. Fincher, … but to follow the plea agreement,” Allison said.

Fincher’s defense attorney, Julianne Hinchey, reproached Allison for his view of the agreement and his description of her client. She had described the case as complicated and said the agreement reflected that complexity.

“There are always two sides,” Hinchey said. “There are good reasons to enter into an Alford plea.”

She had earlier presented Fincher as a stay-at-home father who took care of the family’s animals while his significant other worked. She noted he had no prior criminal history other than a run in with fish and game.

For his part, Fincher thanked Allison for presiding over his case during his allotted opportunity to address the court.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.