Rutter Ordered To Serve 6 Months Active Time After Attempted Rape Plea

Tuesday, March 26, 2013

Criminal Court Judge Don Poole on Tuesday sentenced former Hamilton County agricultural extension agent David Rutter to serve six months of a three-year sentence in the workhouse after an earlier guilty plea to attempted rape.

The sentencing range had been 3-6 years in the case in which Rutter admitted having sexual contact with a 14-year-old male family friend on a late-night fishing trip near Harrison Bay State Park on July 21, 2011.

Rutter, 65, was given a week before reporting to the Silverdale Workhouse.

The guilty plea came on a criminal information, which bypasses the Grand Jury system or appearance in the lower courts.

The boy's mother testified that he came in about 1 a.m. crying about the incident. She said she immediately called police. She said for proof he kept a towel that had been used when both had ejaculated. Police later told Rutter his DNA was found on the towel.

The mother said the boy afterward was fearful and would sleep outside her bedroom door. She said he still does not want to think about the incident and was unable to write out a victim impact statement.

Rutter said he had lived an exemplary life until making a mistake in judgment with the underage boy after drinking a beer given him by the boy's mother and then on the boat drinking a tall boy beer.

He said it had been his idea to play "strip fish" and he expected he would catch the next fish since he was getting a bite, but he said the boy caught two fish so he took off all his clothes. He said he later put them back on. He said the encounter happened when the boy came close to him in the boat and made some sexual remarks.

Rutter said he underwent a divorce after his arrest, but he said his four sons had stood behind him. Three of his sons were in the courtroom for the sentencing hearing. The other lives in California.

Prosecutor Charlie Minor recommended some jail time for the defendant, while attorney John Cavett said he had already suffered serious consequences. He said he will be on the Sex Offender Registry for life and has to undergo addiction treatment.

He said Rutter had a 30-year career with the Army National Guard and received 17 citations.      



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