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	Youth Leader Gets 5 Years for Sexual Abuse By Phil Hermanek Peninsula Clarion July 10, 2009 http://www.peninsulaclarion.com/stories/071009/new_357677959.shtml A Kenai church youth leader was sentenced Thursday to spend five years and three months behind bars for sexually abusing a 12-year-old boy between November 2007 and April 2008. Kenai Superior Court Judge Carl Bauman sentenced Richard J. Wagner, 47, to 13 years with 8 years suspended, plus three months hard jail time for criminally touching the boy, and for possession of child pornography. Wagner had pleaded guilty earlier to one count of second-degree sexual abuse of a minor and one count of possession of child porn, in exchange for dismissal of four counts of sexual abuse of a minor, two counts of indecent exposure and 10 counts of child porn possession. From police investigations, the incidents involving the boy in Kenai "appear to be isolated," Assistant District Attorney Scot Leaders told the court in recommending the sentence. However, because the victim suffers from autism, the state prosecutor described the boy as being a "vulnerable victim," an aggravator under Alaska sentencing rules. As a person with autism, the boy "longed for a friend ... someone he could trust," said his mother in a statement to the court. She said she and her husband would have preferred Wagner remain in jail for 10 years, at which time her son would have entered into adulthood. "It's certainly not -- in our view -- a light sentence, especially because Mr. Wagner is a first offender," said defense attorney Peter Mysing. Mysing said Wagner had been a youth pastor for many years in Western Alaska and from police investigations, "repeatedly there were no reports of inappropriate behavior." "It's not a slap on the wrist," Mysing said. Asked if he wanted to make a statement, Wagner told the court he is "sorry about all this ... and about all the people I've hurt." In addition to the jail time and suspended time, Bauman sentenced Wagner to seven years probation on each count and ordered him to complete sex offender treatment and not accept any positions involving contact with minors under 18, whether in community or church activities. "Where you had a position of authority in the church, this comes in the classic definition of hypocrite," Bauman said in handing down the sentence. Phil Hermanek can be reached at phillip.hermanek@peninsulaclarion.com
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