In an unusual sentencing, a Bloomington man was given 24 years of probation Monday for having sex with a 14-year-old girl and for a violent altercation that occurred while he was in jail.
Ricky Wallace Jr., 24, pleaded guilty to one felony count of aggravated battery and one count of sexual misconduct with a minor.
Normally, felony charges like these would result in a significant prison sentence, but due to concerns with the victim in the case, the prosecution opted for a more unorthodox punishment, Chief Deputy Prosecutor Robert Miller said in a hearing in the Monroe County Circuit Court.
“It’s our belief that this is a much more palatable outcome than the uncertainty of a jury trial,” Miller said.
Police discovered the sexual misconduct when investigating the crash of a Mustang that Wallace fled from on foot in September 2014. Wallace left his cell phone at the scene, and after police got a search warrant for its contents, they found multiple videos of Wallace having sex with a blonde-haired girl who “appeared to be very young,” according to a probable cause affidavit.
When police went to the address listed on Wallace’s driver’s license in February 2015, the woman who lived there said Wallace was living with a young girl who was pregnant with his child. When investigators looked at the girl’s Facebook, they found multiple pictures of her with Wallace and an ultrasound photo.
They visited the girl at her home, but she refused to speak with officers about Wallace or her relationship with him. The girl’s mother informed officers that Wallace had been staying with them but had moved out after an argument. Officers arrested Wallace in early May 2015.
While he was in jail for the sexual misconduct, Wallace had a physical altercation that resulted in the aggravated battery charge.
With the extensive probation period, the court is betting against Wallace, Miller said. Rather than take the case to trial and put the victim through further trauma, the court is hoping that Wallace will be unable to meet his probation requirements and will wind up in prison in the long run.
“It’s unorthodox,” Miller said, “But we foresaw problems taking it to trial. The victim has emotional problems which made us hesitate to put her through that.”
As Judge Marc Kellams considered the plea agreement in an afternoon hearing, he said he understood how upset the victim’s parents would be with the agreement, but that in this case, he thought this was the best option.
“I can sympathize with the victim’s parents, who are probably feeling that Mr. Wallace should be locked up for a very long time because of her age,” Kellams said.
Kellams pointed out that other court officials objected to the plea agreement because the length of the probation period was so unreasonable, but that in this case, he thought it was justified.
“This provides for a long period of supervision, with a substantial sentence upon any kind of violation,” Kellams said, looking at Wallace. “You have a lot of time hanging over your head.”
Wallace sat calmly beside his lawyers during the hearing. He wore a baggy, black and white striped prison uniform and wore his hair in little braids.
Although he would be released in the hours following the hearing, Wallace said he had no permanent address. He rattled off the names of a few friends he was planning on staying with. He also requested to transfer his probation to Illinois, so he could be near his family in Chicago.
Wallace will be listed as a sex offender, and although standards generally require sex offenders not to have contact with children, he asked the court if he could still see his 4-year-old daughter.
He promised to use his probation to get his life back on track, even though he knew the court was betting he wouldn’t be able to walk the straight and narrow.
“I want to make sure I stick with it,” Wallace said.
