MASON CITY – An Iowa Falls man who had been charged with a Class C felony count of 3rd degree sexual abuse and an aggravated misdemeanor count of harboring a runaway received 50 hours of community service in a deferred judgment on the sexual abuse charge.
19-year-old Andrew Lloyd Spurgeon had been arrested last June after Mason City police learned about an alleged incident when questioning a juvenile runaway who reported the sexual encounter with Spurgeon who was 5 years older at the time.
Court records show Spurgeon entered a written plea of guilty in the 3rd degree sexual abuse case on November 22nd, 2011.
In December 2011 the Cerro Gordo County District Attorney’s Office entered trial information on a new charge of harboring a runaway related to the alleged sexual abuse incident. Court records show Spurgeon entered a written plea of guilty on January 24th of this year in that case.
At a sentencing hearing in Cerro Gordo County District Court on Monday, March 26th, presiding District Court Judge Stephen P. Carroll handed down a deferred judgment on the felony 3rd degree sexual abuse charge. Judge Carroll ordered Spurgeon to complete 50 hours of community service, and complete 3 years of probation with the Iowa department of Corrections, but suspended civil penalties ordering Spurgeon to pay back court costs and a $125 surcharge. In addition Spurgeon will be required to register as a sex offender for 10 years and a protective no contact order for the victim was extended one year.
In the harboring a runaway case Judge Carroll ordered Spurgeon to serve 7 days in jail and suspended the $625 dollar fine in the case.
A deferred judgment refers to a postponed or delayed judgment. In a deferred judgment, the court gives a defendant an opportunity to complete a probationary period before sentencing and prior to any entry of conviction. If the defendant successfully completes probation at the conclusion of the probationary period the court will review the defendant’s file and may dismiss the charges against him/her.
If the defendant does not follow all of the terms and conditions of probation the court may enter the conviction and sentence the defendant accordingly. Normally, if a person pleads guilty or is found guilty of new criminal charges the case proceeds to sentencing. When a deferred judgment is obtained the case is frozen between the guilty plea and sentencing.
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.