Bootheel man gets 15 years in prison for sodomy

Wednesday, March 8, 2017

NEW MADRID, Mo. --- A Portageville man could serve up to 15 years in prison in connection with a statutory sodomy charge.

David Wayne Wiedel, 30, was sentenced Tuesday in Division I of New Madrid County Circuit Court by Judge Fred Copeland on a charge of first degree statutory sodomy sexual intercourse with a person less than 14 years of age resulting in physical injury or display of a deadly weapon.

The sentencing follows a jury trial conducted Jan. 11 for Wiedel, 30. Following the presentation of the evidence and closing arguments, he was found guilty by jurors who deliberated 50 minutes before returning their finding.

Wiedel was found guilty of an incident which occurred in 2014. At that time, the mother of a 5-year-old child reported to police that Wiedel had touched her daughter's vagina while he was at her home.

During the safe exam, the child indicated on an anatomical drawing where she said Wiedel had "tickled" her.

According to the probable cause statement, the child told the interviewer that Wiedel told her "this was a secret" but the child stated in the interview, "it is not a secret because she told her mother."

Wiedel later admitted to the incident to police. Also he told officers that was the only time it happened.

New Madrid County Prosecuting Attorney Andrew Lawson said an agreement was reached between the defendant and the state that prosecutors would recommend a 15-year sentence in the Missouri Department of Corrections if Wiedel would not seek to appeal his conviction. The range of punishment in this case is 10 to 30 years in prison.

Wiedel will be required to serve 85 percent of his 15-year sentence before being eligible for parole, Lawson said. Once he is released from prison Wiedel will have to register as a sex offender for the rest of his life and he will be supervised by the Missouri Board of Probation and Parole for the duration of his natural life which includes the mandatory condition that he be electronically monitored which will identify and record his geographical location at all times for the rest of his life.

"The State agreed to recommend 15 years to serve in exchange for the defendant waiving his appellate rights because of the finality that it provides," Lawson said. "No jury verdict is ever secure until it is affirmed by an appellate court, and that process can take years to complete. Knowing that his conviction cannot be overturned years down the road will help the victim and the victim's family through the healing process."

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