Judge Richard Dunne
The court held a risk level hearing for Woodford as he pleaded guilty to forcible touching of a 14-year-old girl in a school yard. The Board of Examiners of Sex Offenders prepared a risk assessment instrument (RAI) in which Woodford scored 105, making him a level 2 sex offender. Woodford sought a downward departure to level 1, and prosecutors recommended the board’s finding. Woodford pleaded guilty to touching a 14-year-old girl, in the presence of a five-year-old child. The court stated Woodford was not deterred in his crime of opportunity from engaging in his conduct by the presence of the five year old, finding same an aggravating circumstance as Woodford was previously convicted for endangering the welfare of a child. Further, it noted Woodford did not escalate his attack because same was witnessed by two other males who came to the victim’s aid. Thus, the court ruled, given Woodford’s past history, it declined to ignore these additional aggravating circumstances the RAI did not take into account. Hence, it exercised its discretion after considering all of the facts presented, and concluded the factors presented warranted an upward departure, classifying Woodford as a level 3 sex offender.
