Grand Chute Restroom Assault In Outagamie County Circuit Court

February 22, 2005

APPLETON, WI - The sexual assault of an 11-year-old boy who had gone to a youth arcade with a church group brought a 15-year prison term for the man accused of luring the youngster into a public restroom, restraining him with tape and assaulting him. The prison time was less than the 25 years sought by District Attorney Carrie Schneider, as recommended in a pre-sentence report. But defense lawyer Len Kachinsky said it was at the upper end of the sentence he suggested.

Howard Ferguson Jr., 41, of Dyersville, Iowa, was sentenced Tuesday by Outagamie County Circuit Judge Dennis Luebke on charges of first-degree sexual assault and child enticement. He had pleaded no contest.

The judge ordered 10 years of extended supervision and a concurrent 30 years of probation for Ferguson once he completes the prison term.

"You have attacked in a most callous manner the most vulnerable among us," the judge told him. "It will take years for him to overcome, if he ever does, from the consequences of your behavior."  However, the court also considered the many letters of support presented to him by Kachinsky from Ferguson's family and friends.

Prosecutors said Ferguson, who was a salesman for an agricultural services firm, had been working in the area June 21 and was staying at a Grand Chute motel where he got a token for the arcade.

He allegedly used the token to entice the boy into the bathroom of a Grand Chute restaurant, then taped the boy's arms together, taped over his eyes and committed the assault.

The chaperone for the youth group's trip testified about trying to comfort the victim.

"I had another woman's child in my arms as he sobbed," she said. "He didn't understand what was done to him. He threw up in my car on the way to the hospital because he was so nervous and scared."

The law offices of Sisson & Kachinsky* are located in Appleton, Wisconsin. Attorney Robert (Bob) Sisson and Attorney Leonard (Len) Kachinsky, Wisconsin criminal defense lawyers, represent people across Wisconsin, and most often appear in the Outagamie County, Winnebago County, Calumet County, Brown County, and Fond du Lac County courts representing residents of Appleton Wisconsin, Neenah Wisconsin, Oshkosh Wisconsin, Menasha Wisconsin, Chilton Wisconsin, Green Bay Wisconsin, and Fond du Lac Wisconsin, as well as other cities within the Fox Valley. For more information about the criminal defense lawyers at Sisson & Kachinsky, please visit the firm overview, the profiles for attorney Bob Sisson and Len Kachinsky, or contact the attorneys today. If you are facing criminal charges, please submit your case for review.