April 4, 2022 at 11:15 a.m.

Local man sentenced to 23 years for repeated child sexual assault

Local man sentenced to 23 years for repeated child sexual assault
Local man sentenced to 23 years for repeated child sexual assault

A Rhinelander man who pled no contest to repeatedly sexually assaulting a young girl was confronted by his victim in court March 24 before Oneida County circuit judge Michael Bloom sentenced him to 23 years in prison to be followed by 22 years extended supervision.

Malachi K. Hills, 22, was set to face a jury Feb. 9 and 10 in Branch II of Oneida County Circuit Court on charges of first degree sexual assault of a child under 12 and repeated sexual assault of the same child. However, less than 48 hours before the trial was scheduled to begin, Hills entered no contest pleas to the repeated sexual assault charge as well as a reduced charge of child enticement, a Class D felony.

At sentencing, Bloom noted that seven friends and family members sent in letters in support of Hills. He then turned to Oneida County district attorney Mike Schiek, who said the victim would like to address the court in regard to Hills' sentence.

Taking a seat next to the district attorney, with just a short space and a podium separating her from her assailant, the girl addressed Bloom.

"This man, Your Honor, ruined my life," she began. "Because of what you did to me, I have nightmares every night."

"Because of the things that he has done, I can barely look at a man without getting flashbacks," the girl continued. "When other people tell me that I have to bring up about what he did to me, I almost have a mental breakdown."

She also said she has difficulty getting the proper amount of sleep at night and requires mental health therapy and counseling.

"Every single I night, I sit there and think, 'what did I do? What did I do for him to think that I deserved to have these things done to me?'" she continued, in a strong and firm voice. "And I just simply don't understand what I could have done, but I don't think that what he did to me was OK."

"I absolutely hate him for what he did to me," she concluded.

The girl's foster mother and biological father also addressed Bloom. Each said that Hills robbed the child of her childhood and asked Bloom to hand down the longest possible sentence.

Schiek then made his sentencing recommendation to the judge. Because Hills waived his right to a preliminary hearing, and changed his pleas before any evidence was presented at trial, Schiek wasn't sure as to the court's understanding of the details of the case.

He began by recounting the history of the case, which began in March 2021 with a report from Oneida County Social Services regarding a possible child sexual assault.

"This came to light as the result of a doctor visit, and social services became involved, and then law enforcement," Schiek said. "So it is a situation in which without somebody reporting it, it may have gone unidentified and undiscovered."

Schiek then described both the physical assaults and psychological torment the victim experienced.

"She recalls the defendant threatening to kill her or her other siblings if she told anybody, and if she did not do it," the D.A. said. "She specifically recalled another time in which the defendant held a sword to her neck (and assaulted her)."

Schiek explained that he was including graphic details to make it clear that this is not a case of someone being wrongfully accused, as some of the letters submitted to the court on the defendant's behalf indicated.

"I'm not trying to dramatize this, judge, in the letters I received this afternoon, from I think as character items, it seems he was wrongly accused, that he was caught up in the wrong crowd, he didn't do anything wrong," Schiek said. "It needs to be made very clear, this is not a case in which it was who done it, it's just how bad was it."

In explaining his sentencing recommendation, Schiek emphasized the gravity of the offense.

"Even from the defendant's point a view, (the assaults happened) at least a dozen times, by the victim's view and calculation by Det. Chiamulera, it could have been anywhere from 30 to 50 times, potentially up to 100 if you go to the other extreme," Schiek said. "So I think that the gravity of the offense, other than a homicide, can be no greater."

He also alleged that Hills has shown no remorse for his actions and there is a need to protect the public.

"Don't take a chance on this individual," he concluded, before recommending 8 years in prison, to be followed by 10 years extended supervision on the child enticement charge and 20 years in prison followed by 15 years extended supervision on the more serious Class C Felony.

He also specifically requested that the two sentences be served consecutively.

In beginning her sentencing statement, public defender Elizabeth Svehlek noted "how much I respect and admire the statements of the victim and her family."

"My client does firstly wish to apologize to the victim," she said.

She noted that she negotiated the resolution to the case knowing that the D.A.'s office was preparing the victim to have to testify at trial.

"My client did not want a youthful victim on the stand in front of a jury, in front of Your Honor," Svehlek said.

She said Hills accepted the agreement, even though it left him with the potential of 25 years in prison. She noted Hills "does have remorse and is apologetic to the family."

Svehlek said that the defendant was well-liked by friends and family and had no prior criminal history before his arrest. She said Hills has AODA issues, primarily involving marijuana, and had begun treatment before he was charged.

"He is willing to accept sex offender treatment," Svehlek admitted. "And he is certainly going to need that, I think that is a positive."

She also made reference to the psychosexual evaluation of her client, noting the scores in some indicators showed a reduced risk Hills would reoffend.

"I'm not asking for probation," Svehlek said, before recommending a sentence of 10 years in prison to be followed by a lengthy period of supervision.

"It's not a light sentence," she added.

Hills also addressed the court.

"I would like to start by apologizing to my community for the disturbance of peace as well as the waste of time and resources my actions have caused," he said. "To my mother, for all the stress she has had to endure because of my incarceration."

He also apologized to his fiancee "for having to pick up the broken pieces of our family alone." He also apologized to his children for not being their for their special life moments.

"Last, and mostly of all, to the victim, who I pray can and will live a long and happy life free of the pain, suffering and trauma she has been through," he concluded.

He promised his family and friends that their love and support of him, "will not be in vain."

When it was time to pronounce sentence, Bloom didn't mince words.

"Even the details in the interview with Capt. Chiamulera that the defendant admitted to describe an ongoing, repugnant series of incidents between an adult man and a girl under the age of 10," Bloom observed. "We can't have it. The gravity of this offense is extreme."

The judge then referenced the victim's statement.

"The anguish of the victim of the defendant's conduct was palpable in the courtroom," he said.

"Something has to change in the defendant's approach to things," he continued. "The people who know the defendant best describe him as bright, intelligent."

The judge noted the work Hill has done during the time he has been in jail awaiting trial to get his high school equivalency, and seeking counseling are steps in the right direction, but he can continue those in prison.

He then handed down the sentence: 8 years in prison to be followed by 7 years extended supervision on the child entice-ment charge and 15 years in prison and 15 years extended supervision on the re-peated sexual assault count. He ordered the sentences to run consecutively as Schiek requested.

The judge also made one more final determination that eliminated options that might have afforded Hills a chance for early release.

"I am finding that the defendant is not eligible for programming in the challenge incarceration program or the substance abuse program," he said. "And if he is eligible, I'm finding that, given the nature of these offenses, he is not suitable."

Jamie Taylor may be reached via email at [email protected].

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