Steven McGonigle, who pleaded guilty to attempted sexual assault
in the stun-gun attack of a teen-age girl two years ago, was
sentenced July 2 to six years to life in prison.

Despite arguments from defense attorney Larry Pozner for a
work-release sentence, Douglas County District Court Judge Thomas
Curry ordered McGonigle, 50, to an indeterminate
sentence.

The indeterminate sentencing realm is now being used for
convicted sexual offenders, said Michael Knight, spokesman of the
18th Judicial District.

For example, while McGonigle’s sentence runs from a low end of
six years by statute to life, parole authorities determine when he
might be able to return to society after rehabilitation and when he
is not viewed as a risk to the community.

Those convicted of sexual assault are ordered by the court to
undergo sex-offense-specific evaluation before sentencing. The
court looks at the evaluations to determine if an offender is in a
state of denial about the crime besides other
considerations.

McGonigle, who took a plea bargain a day before his trial this
year, also faced charges of burglary, attempted kidnapping and use
of a stun gun.

It was Aug. 27, 2000, when McGonigle came to the Highlands Ranch
house of his teen-age neighbor.

He was carrying a package, which he said was for her parents,
who were not at home.

When the girl took the package and turned away from him,
McGonigle paralyzed her with a stun gun. An aunt in the house heard
the girl’s screams and chased off McGonigle.

At sentencing, 18th Judicial chief deputy district attorney
Frank Moschetti, in an emotional delivery, showed the court what
the box contained.

“Here, your honor, we have a bag of rope,” he said, using
plastic gloves to remove bagged evidence, “and a bungy cord, more
rope, Vaseline, KY Jelly, more rope. … What was he going to do with
all this, your honor? Mr. McGonigle is messed up.”

McGonigle, addressing the court, apologized to the victim, her
family and his family. He told Curry he’s making progress in
therapy, pleaded for a work-release program and wept.

In his decision, Curry called the case “troubling.” While there
is no record of violence in McGonigle’s background, Curry called
the contents of the box “scary.”

The family and the victim clasped hands and wept as Curry
ordered the prison sentence and remanded McGonigle to Douglas
County sheriff’s deputies.

McGonigle was also ordered to pay numerous court costs and the
victim’s therapy fees.

“I’m happy he’s going to jail. It might not be enough time, but
I’m glad he’s going,” the victim’s mother said.

Moschetti said he was pleased with the sentencing, compared with
community sentencing, which would have been
“inappropriate.”

Sentencing aside, Pozner said the “biggest problem” with the
sentencing was the “mass quantities of heart medication McGonigle
takes for an incurable disease.”

“It’s unlikely he’ll be able to stay

alive medically,” he said. “It’s tragic.”

Pozner attributed McGonigle’s sexual assault attempt to stress,
saying McGonigle was a Public Service Co. employee for 25 years,
was moving out of state without a job, and had family stress at the
same time.

“The sentence for him is devastating,” Pozner said.

“Judges have a difficult job,” he said. “It’s difficult to pass
judgment on a good person who’s done [one] wrong thing.”