BILLINGS – A man who admitted to sexually assaulting a sleeping teenager who twice told him to stop was sentenced to 20 years in prison Tuesday.
Wearing a jail jumpsuit and shackled at the wrists and ankles, Frederick Leroy Wittman, 27, appeared before District Judge Gregory Todd, who sentenced him to 40 years in the Montana State Prison with 20 years suspended.
“She told you to stop,” Todd said before announcing the sentence. “You repeated twice, and then you made up some baloney story about a dog humping her.”
Todd also dismissed a second count of sexual intercourse without consent as part of a plea agreement with Yellowstone County prosecutors and designated Wittman as a Level 2 sex offender, which means the risk of a repeat sexual offense is moderate.
The victim told police in late June 2013 that she was drinking at a Billings residence several days earlier with Wittman and two other people when, after about four drinks, she decided to go to sleep on the living room floor.
She awoke to find some of her clothes off and Wittman groping her and told him to stop, which he did, according to charging documents. She went back to sleep only to awake again to Wittman groping her, and she told him to stop, which he again did.
The girl told police that she went back to sleep and awoke a third time to Wittman trying to penetrate her but she pretended to be asleep until he ejaculated on her clothing and left, eventually shaking her and saying that a dog tried to mount her.
The victim’s mother testified at Tuesday’s sentencing and said she immediately knew something was wrong when her daughter came home the next day.
“I could just tell looking at her that something was horribly wrong,” the mother said.
She went on to describe how her daughter was previously outgoing and nonjudgmental about people but is now scared and “doesn’t look at people the same way she used to.”
“To take something away from somebody that they can never have back is inconceivable,” she said.
Billings Police Detective Ken Tucker also testified at the sentencing and said that a second victim told police about a similar incident about a month later, in July 2013.
A DNA sample eventually provided by Wittman matched samples taken from the both that female and the first victim’s clothes. In the second case, the female declined to pursue charges, Todd said.
Before Todd announced the sentence, Wittman read a prepared statement, most of which was directed at the victim, in which he said “an apology isn’t enough for what I’ve done.”
He said that he’s “ashamed and dirty” and hopes she can recover from what he did.
“I am not a monster, but I am close,” he said. “... I stripped you of your freedom.”
Earlier this year, Wittman also received consecutive six-month suspended sentences to the Big Horn County jail for misdemeanor sexual assault and unlawful transactions with children.
That case started out as felony sexual assault and attempted sexual assault without consent charges, along with four misdemeanor charges, stemming from accusations that in April 2013, he bought alcohol for underage people and groped and attempted to have sex with a girl as she slept.
Big Horn County Attorney Jay Harris said on Tuesday that a plea deal was reached in that case in which Wittman entered guilty pleas to a reduced misdemeanor sex assault charge and one of the transaction charges and it was remanded to Justice Court for the consecutive six-month sentences.