March 6, 2017 at 3:54 p.m.
Rhinelander man draws jail sentence for stalking, other charges
Plea agreement spares Schuh prison on most serious charge
Rhinelander man draws jail sentence for stalking, other charges
The most serious of the charges against Mark A. Schuh were felony stalking a victim under 18 as well as charges of sex with a child age 16 or older and exposing genitals to a child, both class A misdemeanors, as well as misdemeanor charges of violating a restraining order, bail jumping and two counts of OWI.
As part of a plea agreement worked out between Oneida County district attorney Michael Schiek and Schuh's attorney Chad Lynch, several of the more serious charges were either dismissed entirely or resolved via probation.
"This is rather a complicated sentence, your honor, but we will be using all of the cases," Schiek told Branch I judge Patrick O'Melia.
Under the terms of the agreement, Schuh pleaded no contest to sex with a child 16 or older and felony stalking, and the rest of the charges were dismissed. Schuh also pled no contest to two counts of OWI, a first and second offense of the charge.
Schiek and Lynch asked O'Melia to defer entry of judgement on the convictions, place him on probation for two years and sentence him to six months in jail with credit for 80 months served if the probation is revoked, along with various fines.
Schiek told O'Melia that the victim was just over 17 at the time she became sexually involved with Schuh after they met working for a local retailer.
"We do have a significant age difference between the two," Schiek said.
He also told the judge that after the misdemeanor charge was filed against Schuh for the sexual contact, a no contact provision was made a condition of his bond. He said Schuh repeatedly made contact with the girl and her mother, which eventually led to the stalking charge being filed against him due to the escalating nature of those contacts.
"At one point, he put a stuffed animal on her doorstep and a relative became alarmed and law enforcement was called," Schiek said. "Since June until Dec. 12, he was really out of control, not complying with the court's orders and something had to be done and he got the stalking charge then. It was a very serious instance in the first place and then he compounded it with additional contact, he continued drinking and engaging in criminal behavior."
The prosecutor noted Schuh had no prior criminal history, but because of the seriousness of the later incidences, he argued two years of probation and some jail time was in order.
"With the deferred entry of judgment, he's going to have a felony hanging over his head if he doesn't comply and the state would rescind that agreement, and since the court accepted his plea today, we would go straight to sentencing," Schiek said.
Lynch urged O'Melia to go along with the plea agreement, arguing his client would be best be served by the counseling he would be able to receive while on probation.
"Alcohol was involved," Lynch said, adding that the threat of a prison sentence if the deferred entry were revoked would also be a strong motivator for Schuh to comply with the conditions set for him by his probation officer.
Schuh told the judge he has a drinking problem and has sought help. He also apologized for his behavior with the victim.
"I just want to get on with my life. I want to move forward and put this behind me," Schuh told O'Melia.
O'Melia went along with the plea agreement, but noted that the first charge Schuh received was very serious, although it was a misdemeanor.
"Even though she was close to the age of majority, she wasn't," O'Melia said. "If you were 19, this case might not have been brought. It is the age difference that is really stark and you should have known better to start a relationship of that kind. Even though she was almost 18, it is a big emotional hurdle. It's not just the physical act, it's an emotional burden. And it is one she should not have had to go through and her family shouldn't have had to go through."
He added that he was glad his apology to the victim sounded sincere, and he hoped the victim would not need counseling for what happen.
"But it (the crime) is worthy of some jail time, because you should've known better," O'Melia said.
He then went along with the joint sentencing recommendation Schiek and Lynch had proposed.
In addition, $2,000 of a $3,000 cash bond Schuh posted in one of the cases was ordered to be used to pay his fines and costs with the remainder being forfeited for bail jumping. Other cash bonds posted in other cases were also ordered forfeited. He still had fines and costs he owes for the convictions he must still pay.
Jamie Taylor may be reached at [email protected].
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