On July 13, 2006, an Anderson County jury deliberated for two and a half hours before convicting the Defendant, Michael Gibert of three counts of Criminal Sexual Conduct with a Minor in the Second Degree, one count of Lewd Act Upon a Minor under the age of Sixteen, one count of Contributing to the delinquency of a minor, and one count of Assault with Intent to Kill. Pursuant to 17-25-45, the 10th Circuit Solicitor’s Office served the Defendant with Notice of Intent to Seek Life without the Possibility of Parole on all the counts of Criminal Sexual Conduct with a Minor in the Second Degree, due to his prior convictions for Armed Robbery and Kidnapping. The Honorable Steven John presided. Judge John determined that based on his prior convictions, the Defendant qualified for the life sentence under the “three strikes and you’re out law.” Judge John further sentenced the Defendant to the maximum fifteen years on the count of Lewd Act upon a Minor, the maximum three years for the count of Contributing to the Delinquency of a Minor, and the maximum ten years for the count of Assault with Intent to Kill. All charges except the Assault with Intent to Kill were against the same minor victim and occurred between April of 2004 and April of 2005. As the minor victim was being taken into emergency protective custody by Department of Social Services worker, Michelle Love, the Defendant was following her in his car and attempted to run her off the road in order to thwart her efforts to protect the minor child.
“We are extremely pleased with the jury’s verdict. We will continue to seek the maximum punishment allowed for offenders who continue to violate the laws of our State and endanger the welfare of our citizens, especially our youth.” Solicitor Chrissy Adams.
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