A Chippewa Falls man who sexually assaulted a child while out on bond from an Eau Claire County sexual assault case can avoid a 10-year prison term if he completes probation.
Justin A. Culbert, 20, pleaded guilty Tuesday to child enticement, which carries a maximum penalty of 25 years in prison.
He had also been facing charges of felony bail jumping and sexual assault of a child under age 16, which had been reduced from an earlier charge of first degree sexual assault of a child. The other charges were dismissed and read in for sentencing.
In May 2008, Culbert became the subject of a petition drive from people who wanted him removed from their neighborhood.
According to the criminal complaint:
On March 16, 2008, a 9-year-old boy told a Chippewa Falls police officer that he had been taken to a shed behind Culbert’s residence and was inappropriately touched by Culbert.
At the time, Culbert was out on bond on the Eau Claire County case.
When news of the new Chippewa County charge appeared in the Herald, neighbors from the Macomber Street area petitioned Judge Roderick Cameron to have Culbert removed from the neighborhood. Cameron added the condition to Culbert’s bond that he not even leave the house without supervision.
Cameron sentenced Culbert to 10 years in prison, followed by five years of supervision, then stayed the sentence and placed Culbert on probation for 15 years.
That coincides with 15 years of probation in the Eau Claire County case.
A stayed sentence means Culbert will automatically be sent to prison to serve the sentence if his probation is ever revoked.
I
n the Eau Claire County case, Culbert was charged with the repeated sexual assault of the same child, which was amended to second degree sexual assault, for an offense that occurred Jan. 1, 2006.
Culbert, represented by Eau Claire attorney Harry Hertel, entered a plea of not guilty by reason of mental disease or defect, and psychological examinations were ordered.
On Sept. 18, he pled guilty to the amended charge. Related sexual assault charges, including child sexploitation with recordings or videos, were dismissed and read in for sentencing.
Judge Lisa Stark withheld sentence and placed Culbert on probation for 15 years, with 30 days in jail a condition. He is not to have access to computers or possess pornographic materials, or have contact with juveniles.
Conditions of probation in both cases prohibit him from having contact with juveniles. If Culbert fails on probation, in addition to the prison term from Cameron, Stark could impose more prison time.
