Man sentenced to 60 days in prison for sexual contact with minor

October 2, 2018

DEADWOOD — A local man who forced himself of a minor child in her home Dec. 17, 2017 received a two-month prison sentence, handed down by 4th Circuit Judge Michelle Comer Thursday at the Lawrence County Courthouse.

Colby Austin Boerman, 20, pleaded guilty to sexual contact with a minor under age 16, July 26, after being indicted Dec. 27. The victim in the case was 12 years old at the time of the crime.

Comer sentenced Boerman to 15 years in the South Dakota State Penitentiary, with a suspended execution of sentence, ordered him to serve 60 days in prison, and placed him on five years’ supervised probation. He was also ordered to pay a $100 fine, court costs of $104, a $50 application fee to transfer his probation to Texas, $3,933.45 for court appointed attorney fees, and $900 for other fees association with the case.

Comer also ordered Boerman to complete the sexual offender treatment program, abide by all its standards and recommendations, to follow the sex offender terms of probation, to register as a sex offender, and to have no unsupervised contact with any individual under the age of 17 years old. The sentence commenced Thursday.

In line with Judge Michael Day’s Butte County sentencing on charges Boerman faced there, Lawrence County State’s Attorney John Fitzgerald requested that the Lawrence County sentence run concurrent with the Butte County ruling.

Boerman’s attorney, Joe Kosel, indicated that a plan for probation in Texas was in place and that following the serving out of his prison sentence, Boerman would be going to live with his grandfather on his ranch in Sweetwater, Texas. He also pointed out evaluation results that indicated Boerman had a moderate- to low-risk to commit the same crime again.

“The reason I think we’re here … were matters of maturity,” Kosel said.

Boerman’s grandfather addressed the court, explaining the job opportunities that awaited Boerman in Texas, as well as a plan that involved Boerman becoming part of his church family and the fact that he is a strict man and a Christian.

“My word is pretty much honorable,” he said. “I think Colby is not a bad man.”

Boerman addressed the court when given the opportunity to do so by Comer.

“I apologize to the victims. I know what I did was a very bad choice of mine,” Boerman said. “I wish I could take it back and that it never happened. … I promise I will never break the law again.”

The victim in this case was 12 years old at the time of the incident.

Court documents say the victim and her mother reported to the Spearfish Police Department that the child was groped by Boerman, a family friend.

Boerman had gone over to the residence while the mother was at work Dec. 16, 2017. The victim said the two were hanging out and suddenly Boerman was on top of her. She stated that Boerman sat on her legs and pinned her hands to her sides with his knees, lifted up her shirt, exposing her breasts, and fondled them.

Boerman stopped when he heard someone coming to the door. Boerman told the victim that if she told anyone he would hurt her and her family. Boerman told the victim he knew people who were involved in sex trafficking and he would have her kidnapped and sold.

This scared the victim so much she didn’t tell her mother what happened until she came into the police department

During a police interview Dec. 19, 2017 Boerman admitted to sitting on the victim, but not pinning her hands. Boerman said that while he was moving his hands toward the victim’s breasts, he asked her if it was alright and she said it was, so he continued. Boerman did not admit to threatening the victim.

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