Saturday, October 24, 2009

Ex sheriff's deputy pleads guilty to rape of drunk woman

Former Fall River County sheriff deputy Buckly "Buck" McColl plead guilty to a single count of 3rd degree rape in front of Seventh Circuit Court Judge Thomas Trimble in the Cusster County, SD courthouse yesterday. In South Dakota, 3rd degree rape carries a maximum sentence of 25 years or a $50,000 fine. 2rd degree rape is defined as having intercourse with a drunk, drugged, or asleep person, rendering them unable to consent to sex.

Greg Sperlich, McColl's lawyer, said the guilty plea was designed to cap his client's sentence at 5 years. Two other 3rd degree rape charges, as well as counts of perjury and false reporting, were dropped in exchange for the plea.

As part of his guilty plea, Judge Trimble required that McColl give a factual basis for the plea, to which McColl replied, “I had intercourse with (name redacted). She was intoxicated at the time and could not give consent.”

After the plea, Judge Trimble ordered that a pre-sentence investigation be done. A sentencing date has not yet been scheduled, but will take place in Fall River County before Judge A.P. Fuller.

State’s Attorney Jim Sword requested that McColl be remanded to the Fall River County Sheriff, but Trimble said that McColl would be allowed to remain free on bond. Sword then asked that he be required to stay within the boundaries of the Seventh Circuit.

McColl stated that he had to leave the 7th Circuit's boundaries for his work as a trucker. Judge Trimble kept McColl's bond at its current level, stating that “He is here. He entered his plea.”

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