‘She doesn’t feel protected’

It’s a dad’s worst nightmare — his child being sexually assaulted. For Chris Fannon, it’s a reality.

Now, the offender, Blaine McIntosh, 22, of Orient, will serve a maximum of five years after a plea deal negotiated by Union County Attorney Shane O’Toole earlier this month led to only the two lesser charges being pursued.

Fannon said the sentencing doesn’t sit well with him. “[McIntosh] took her all the way out to Green Valley in a secluded area. That’s where the sexual assault happened,” he said. “It was calculated, it was planned and he executed it.”

McIntosh was taken into custody June 19 on the charges of enticing a minor under 16 - sexual purpose; two counts sexual abuse, third degree - child victim, being four or more years older, first offense and lascivious acts with a child - solicitation.

Fannon said McIntosh told the victim he would buy her vape pods in exchange for sexual favors. “She kept saying no, no, and all that, but he kind of manipulated her,” Fannon said. “He said okay, I’ll get it, but you’ve got to ride with me. He took her out to a secluded area where she couldn’t run.”

After the incident, the victim texted her dad saying something had happened.

“She was very careful about what she told me,” Fannon said. “She was really concerned about the whole vape thing. Finally, I just sat her down and said listen, throw it all out there – say everything. Do you want me in the room, do you not want me in the room? Tell this person everything. Finally she decided she didn’t want me in the room, and that was fine. She opened up to the officer.”

The National Sexual Violence Resource Center reports 63% of all sexual assaults go unreported and 88% of child sexual abuse is not reported.

A sexual assault victim wishing to remain anonymous said the sentencing is a “punch in the gut” to anyone who can relate.

“I cannot imagine how it was to be in that court room as the victim and family. I’m angry and neither of these are specific to me,” she said. “Something needs to be done in Union County.”

Prosecution

McIntosh’s four charges were two Class C felonies and two Class D felonies, but the plea agreement dropped the two Class C felonies, the harsher charges.

The conviction came days after Ryan Kissell, 42, of Creston, pled guilty in a plea agreement dropping 44 of 46 charges in a child sexual abuse case spanning a decade.

Earlier in the year, Gregory Clair, 41, of Creston took a plea deal for one charge in exchange for the other 20 being dismissed in a case involving repetitive child sexual assault and incest.

“One thing I can’t wrap my mind around is how can you want a prosecutor position and not have child molesters fear that that’s who’s prosecuting you?” Fannon said. “If I was a prosecutor, when someone did something like this, there would be a reputation with my name. It would be no nonsense — you’re not getting off easy.”

Attempts made to reach out to O’Toole went unanswered. In response to the Kissell plea deal, O’Toole told KSIB, “the disposition speaks for itself.” In February, O’Toole declined to comment on the Clair case.

The anonymous woman said these plea deals basically say you can do it and get away with it. “It also makes victims of this type of abuse and assault not want to seek justice because there is none here in Union County as long as O’Toole is the prosecutor,” she said. “I applaud these young girls who spoke out. I wish I had the courage and strength to do the same.”

Plea deals are common in the United States, Law Info reporting only 2% of all federal defendants typically choosing to go to trial. Sexual assault defendants are more likely to go to trial; however, on average, defendants going to trial have sentences eight years longer than those taking plea deals.

McIntosh’s sentencing allows for the two Class D convictions to be run concurrently, making his maximum prison time five years. He is only required to register as a sex offender for 10 years and the victim must renew the no-contact order every five years.

Fannon said his daughter said the sentencing isn’t fair. “She doesn’t feel protected, she doesn’t feel safe,” he said. “Why does she have to go back? In five years he could talk to her, he could harass her with no repercussions.”

Transparency

Fannon said transparency was a big issue throughout the prosecution, the family getting no updates or notice for court dates.

“I did not even know they were going to court,” Fannon explained. “I did not know that there was even a plea deal. I was working in Lenox when I got a call from her mother saying they’re going to court in 15 minutes. I was like, what? I was blown away.”

By the time Fannon arrived in court, the proceedings were ongoing. “I had no time to plan an impact speech, I just knew I wanted to talk, I wanted to say something,” he said.

The mother of the Clair victim shared a similar story with Fannon, saying she had no idea a plea agreement had been drafted until she was in the courtroom and heard defense attorney Nicholas Bailey speak about it.

“I think that’s his approach so he doesn’t get any resistance,” Fannon said. “You don’t get the chance to sit down and think about it, talk about it.”

When O’Toole arrived in court for the Clair case, he asked to speak with the mother of the victims. “He didn’t even know my name,” the mother said. “I thought, I shouldn’t be meeting him for the first time today, and just now finding out about the plea deal.”

While in the courtroom, Fannon was uncomfortable with the relationship between the attorneys.

“I understand that with prosecutors and public defenders and defense attorneys, they’re going to know each other,” Fannon said. “But as someone sitting in the gallery, as a family of the victim, they don’t want to see prosecution and defense attorney pal around. Keep it professional when you’re in there. To us, the defense attorney and the defendant are the enemy, they are the issue. When you see them rubbing elbows with each other, being friendly, that’s discouraging.”

Fannon said he was emotional during his impact statement. “I looked over at the judge, I’m tearing up and I said can you please run the sentences consecutively not concurrently?” he recounted. “Please make him register as a sex offender for the rest of his life, not just 10 years. And I have to go back every five years to renew a no-contact order? Are you kidding me, why do I have to do this?”

Rehabilitation

As a part of his sentencing, McIntosh will go through a variety of treatments and programs to rehabilitate him into society after his sentence is served.

“They’re pushing rehabilitation for the guy that did this, for sex offenders, they’re paying to rehabilitate them, but what about my daughter?” Fannon asked. “How are you going to rehabilitate that? I’m left here picking up the pieces. There’s no help here from the state, but we’re going to help the guy who did that? That’s disgusting.”

Charlie Health reports 25% of girls under 18 have been victims of childhood sexual abuse. It’s estimated that 30% of all Post-Traumatic Stress Disorder instances stem from sexual violence.

McIntosh’s term of incarceration may be reduced by as much as half of the maximum sentence as a result of statutory good conduct time and other statutory credits. He may be eligible for parole before the sentence is discharged. McIntosh will serve his sentence at the Iowa Medical Treatment and Classification Center in Oakdale.

Come Forward

For other kids scared to come forward for fear of repercussion, Fannon said there’s a bigger picture than whatever they are worried about. “I guarantee you the parents are going to be far more upset about what happened to their kid than about any other thing – tobacco, alcohol, marijuana, whatever,” he said. “Any loving, caring parent isn’t going to look at that.”

In the same tune, Fannon asked parents not to be the person their children are afraid of. “If you are that person, find someone your child can open up to and let them know that they’re a safe person,” he said. “You have to create a door for them to feel emotionally OK to walk through.”

Fannon said he appreciates all the Creston Police Department did during the case, and hopes the light sentencing doesn’t discourage officers.

“You’ve got these guys putting in hundreds of hours on these cases on top of what they normally do, patrols and stuff, all the paperwork. I really hope none of them get discouraged,” Fannon said. “Even if they deserve 100 years and they only get five, we still need them to hold these guys accountable. The voters need to change who’s putting them away.”