A local man was sentenced to 90 days in jail and 48 months probation Tuesday stemming from a 2009 incident in which he tied up a woman, cut clothing off her with a knife and forced sexual intercourse on her.
Nicholas McCormick, 28, entered into a plea agreement with the District Attorneys Office in July pleading guilty to attempted sexual assault.
Representing McCormick, Attorney John Moran said his client was born with fetal alcohol syndrome and has always had difficulty with communication.
He thought he was in a situation where there was consensual behavior, Moran said.
Arguing against that point, 22nd Judicial District Chief Judge pointed out the use of a knife and restraints in the incident.
It may have been your fantasy, Walker said to the defendant. But it wasnt her fantasy.
In addition to the jail term and probation, McCormick was ordered to register as a sex offender, undergo mental evaluation, sex offender treatment, comply with a protection order, consume no drugs or alcohol and pay court costs and potential restitution.
McCormick was originally charged with felony sexual assault, menacing and false imprisonment with a sentence enhancing crime of violence count.
The charges stem from an incident in January 2009, during which McCormick was accused of tying up the woman he had previously had a relationship with and sexually assaulting her, court documents state. The victim told police that the man ran a knife over her skin and used the blade to cut off her undergarments.
In subsequent phone and text message conversations with an acquaintance, McCormick admitted to the actions, but thought the intercourse was consensual and a fantasy of the victim.
The woman told police she repeatedly said no and shook her head side-to-side during the incident a point disputed by McCormick, who said the two had consensual intercourse twice after the incident.
Reach Reid Wright at reidw@cortezjournal.com.