Friday, July 24, 2009

Christopher W. Fitzpatrick - Repeat Sex Offender - Life of A Tornado

A twice-convicted sex offender from Cedar Grove was sentenced Thursday to four years in prison for sexually assaulting a 14-year-old girl in his apartment last summer.

Christopher W. Fitzpatrick, 31, was sentenced by Judge L. Edward Stengel, who pointed out the victim is four years older than Fitzpatrick's daughter.
"I looked at your life, and I view it like a tornado. You've got people strewn all over the place that you have created havoc with their life," Stengel said. "You obviously have no concern for others. You are just going to do whatever makes you feel good."
Fitzpatrick, of 123 Main St., has been convicted of 11 misdemeanors and three felonies in the last 10 years, including the two counts of sexual assault. He was previously convicted of having sex with a 16-year-old girl in 1998, when he was 20 years old.

The sentence, which included 12 years of extended supervision, matched the recommendation Assistant District Attorney Jennifer Bork made as part of a plea agreement. Fitzpatrick had faced up to 25 years in prison on the felony count of second-degree sexual assault of a child.
The charge originally carried a penalty enhancer that would have mandated a life prison term — under the state's two-strike law for serious child sex offenses — but that was dropped in exchange for a no contest plea, Bork said.
Stengel imposed the sentence after observing Fitzpatrick was "fortunate" to have reached a plea deal.

"This was a case where the state could have asked for significant, longer period of incarceration than what they're asking for, based on your prior record," the judge said. "If you are the person reflected in this record … then 40 years in prison probably isn't enough."

Bork said, "there was evidence of some level of consent" in the sexual intercourse, though the girl cannot consent by law. Stengel noted there were also concerns about the impact the trial could have on the victim.

Fitzpatrick, in a statement to Stengel before sentencing, pledged to find programs to help him change his behavior.
"I have done a lot of dumb things in my life. I've been in and out of jail. I've lived my life recklessly, foolishly, without regard for anyone," said Fitzpatrick, who wore a red jail jumpsuit and handcuffs. "I'm tired of wearing this color and I'm tired of wearing these handcuffs. … Now I have to fix it so it doesn't happen again."
According to the complaint:

The girl told investigators the rape occurred while she and at least five other people were at a home Fitzpatrick shared with another man late one night in August. The victim and others were drinking alcohol, and at one point the girl and a female friend ended up in Fitzpatrick's bedroom playing "truth or dare."

The friend then left, but Fitzpatrick stopped the victim from leaving, pushed her onto his bed and sexually assaulted her. After several minutes, the girl was able to push Fitzpatrick off of her and leave the room.

"25% of all sex offenders re-offend within 15 years"
.........Sarah Tofte

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