LANSING — The Michigan Court of Appeals has vacated a prison sentence for an Allegan County man convicted of sexually assaulting a minor, remanding the case back to a lower court for resentencing.
Kevin James Thorne, 51, recently appealed his March 2022 conviction by jury trial of third degree criminal sexual conduct and his subsequent sentencing of 75-180 months — or up to 15 years — in prison.
Thorne was also convicted of fourth degree CSC and furnishing alcohol to a minor. His appeal focused solely on the CSC conviction.
Although Court of Appeals Judges Michelle Rick, Kathleen Jansen and Anica Letica upheld Thorne's conviction, they agreed he wasn't properly sentenced. His case will be sent back to Allegan County’s 48th Circuit Court.
The convictions stem from a February 2020 incident, when a group of teenagers had a party in a pole barn on Thorne’s property. Thorne was aware the minors — including the victim, identified as NP — were drinking, and took their keys to prevent drinking and driving.
At one point, the victim, then 17, and Thorne, who another teen testified was also intoxicated, were left alone in the barn.
Thorne asked the victim if he could give NP a hug; she agreed. During the hug, Thorne grabbed the victim's butt with one hand, then kissed her. The victim testified she froze and didn’t know what to do.
Thorne proceeded to further assault the victim. Because she perceived Thorne to be bigger and stronger than her, NP testified, she was frightened and didn't tell him to stop. He eventually did, when another teen returned from the bathroom.
The victim left the barn and disclosed what happened to a friend. The next day, she told her parents, who contacted law enforcement.
Thorne first appealed the conviction, saying the prosecutor didn't present sufficient evidence that he used force or coercion, an essential element of third degree CSC convictions. The Court of Appeals disagreed.
Thorne then argued he was improperly scored on two offense variables — aspects of a case that affect sentencing guidelines. A higher point total leads to a longer minimum sentence.
Thorne claimed he was erroneously assessed 15 points under OV 8 and 10 points under OV 10.
OV 8 indicates the victim was taken to a place of greater danger or a situation of greater danger, or was "held captive" beyond the time necessary to commit the crime.
The COA noted NP voluntarily went into the barn, that it was “mere chance” they were left alone, that Thorne took all attendees' keys — not just NP’s — and that he didn't hold the victim captive. As such, OV 8 was deemed improperly scored.
Subscribe:Receive unlimited digital access to your local news coverage
The court rejected Thorne’s appeal of OV 10, which signals the offender exploited one of several categories, including the victim’s youth or the defendant’s authority status.
COA judges affirmed Thorne’s status as the only adult present, the significant age gap, NP’s consumption of alcohol and Thorne’s larger stature as sufficient enough to justify the scoring.
Under his initial sentence, Thorne was not due for release until June 7, 2028, at the earliest — or March 7, 2037, at the latest. As of Monday, June 24, a date hadn't been set for resentencing.
— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com.
Most Popular
Comments / 0