St. Clair County Circuit Court Judge Michael West listened as Austin and Todd Sabb-Visga asked for their sentences to be concurrent, not consecutive during a hearing Monday afternoon.
The couple each pleaded guilty to two counts of first-degree criminal sexual conduct for raping a child under their care multiple times and recording the assaults to produce child pornography. As part of the agreement, the prosecution agreed to not bring more charges based on the discovery of new evidence during the investigation, including the existence of at least two more victims.
Under Michigan law each count carries a mandatory minimum sentence of 25 years in prison. If West gave them concurrent sentences, there was a chance Todd, 48, might live to see freedom and spend his elder years out of prison with his husband Austin, 30.
The defendants and their attorneys told West they had otherwise been law-abiding citizens, who were loved by their families and active in the community. They were ready to accept the punishment of 25 years in prison, but asked him not to make it 50.
West, however, handed down a consecutive sentence.
"I hear this afternoon how good these men are and that they were good members of the community," West said as he made his decision. "I shake my head at that because good people don't do this. It just doesn't happen."
Austin and Todd were sentenced one year and a day after they were first arraigned on child sex abuse charges. The two had run Smith's Creek Equestrian Center in Kimball Township that has since been closed down after an investigation by Michigan State Police uncovered the child sexual abuse happening there.
West said he felt the consecutive sentence was warranted in part because the two had actively worked to put the juvenile victim under their care, going so far as to be granted power of attorney.
St. Clair County Assistant Prosecutor Ashley Stone said Austin and Todd would wake the victim up in the middle of the night to molest him. Stone recalled watching a recording of the victim as they had to identify incidents from videos the couple made of him. She said it was immediately clear the victim was severely traumatized from the abuse.
"This child cried," Stone said. "He shut down. He is one of the most outwardly affected child victims I have seen."
Both Todd and Austin apologized in prepared statements for the court.
"I would like to say I'm very deeply sorry to my family and my victim," Austin said.
Todd also apologized, saying he hoped the victim may be able to forgive him someday.
Both senior public defense attorney Brian Thomas and public defense attorney Joseph Kanan, who represented Todd and Austin, respectively, argued that 25 years was already a harsh enough punishment for their clients' crimes and that raising the sentence to 50 years would be too far.
"We sentence people who cause death to lesser sentences," Thomas said. "Todd did not kill anyone."
Kanan suggested Austin's actions may have in part been influenced by his use of methamphetamine, arguing the drugs had lowered his inhibitions. Kanan also said Austin had also been abused as a child and had grown up to see such behavior as "normal."
The defense attorneys also argued the Michigan mandatory minimum sentence law limited the courts options in the case, effectively limiting the court to either a 25 or 50 year sentence.
West however, said the longer sentence was appropriate given the victim will have to live with the consequences for the rest of his life.
"(He's) been given a life sentence, in this case," West said.
Todd and Austin are still facing federal charges related to the production and distribution of child pornography, and have entered guilty pleas. They are both scheduled to be sentenced Sept. 18.
Contact Johnathan Hogan at jhogan@gannett.com.
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