Tuesday, February 26, 2013
At a recent settlement conference, Donald Stuart McAndie, a hearing specialist who has been employed in Hood River and The Dalles, pleaded guilty to one count each of attempted rape, attempted kidnapping, attempted unlawful sexual penetration and attempted sexual abuse.
McAndie, also a former high school teacher and soccer coach in Stevenson, Wash., was arrested Nov. 21, and was originally charged with five felonies. He is a Home Valley, Wash., resident and was arrested by Hood River City Police Detective Don Cheli after the victim, whose name is being withheld, reported the crime.
The Feb. 7 conference and negotiated agreement was arranged between Deputy District Attorney Carrie Rasmussen and McAndie’s attorney, Jan Wyers, and was adjudicated by Judge John Olson of the Hood River Circuit Court. The deal resulted in McAndie’s guilty plea to “lesser included charges” — meaning the term “attempted” was added to downgrade four of the original higher-level felonies.
A fifth count, of sexual abuse in the first degree, was dismissed.
The charges stem from an incident in which McAndie was accused of restraining and raping a woman who provided contracted services to his work place. The original kidnap, rape and unlawful penetration charges carried the maximum potential of 10 years and $250,000 in fines each.
Once Judge Olson had clarified McAndie’s right to trial and verified his intent to plead guilty to the four charges, he asked Wyers and McAndie to stipulate that the police records and investigation reports were the factual basis of the charges. Both McAndie and Wyers agreed.
Then Olson issued his sentence.
For the single count of attempted kidnapping, McAndie received 18 months in prison, a $200 fine, orders to pay restitution if requested and three years of post-prison supervision.
For the single count of attempted unlawful sexual penetration, McAndie was given another 18 months in prison, to be served consecutively, an additional $200 fine and restitution orders plus 120 months post-prison supervision.
For the single count of attempted sexual abuse, McAndie will serve an additional six months in prison with a $200 fine and restitution plus 60 months of post-prison supervision.
For the final single count of attempted rape, Judge Olson issued McAndie an additional 18-month prison sentence — 10 months of which will run consecutively and eight months which will be served concurrently.
An additional $200 fine and restitution were imposed along with 120 months of post-prison supervision.
The terms of the 52-month prison sentence does allow McAndie to receive credit for time already served and carries the potential for “earned time/good time” reduction. No other reductions are allowable under Olson’s order.
Rasmussen also asked for the sentence to include McAndie’s agreement to waive his rights to seek any form of sentence reduction in the future.
Rasmussen then read a statement from the victim who was in the building but not present during the sentencing.
“I hope that God can forgive you because I believe I will not be able to do so. This has greatly affected not only me, but my entire family. For months they have had to witness me crying and in a deep depressed physical and emotional state. I have not been able to sleep through the night since this incident occurred. I keep imagining your horrid face and it is the most terrifying feeling.
“I want you to pay for the harm you caused me, and that your sentence although it may feel harsh and lengthy, will never be as harsh and lengthy as the pain and suffering I feel every day, and probably will for the rest of my life. I hope that no one else will ever be victimized by you again.
“Although I am satisfied with agreement that the state and defense have reached, I feel that 48 months (the time remaining to be served) is not enough time in jail.”
Rasmussen asked Olson to advise McAndie that he will be required to register as a sex offender and follow strict reporting measures after release from prison.
Donald McAndie read his own statement after receiving sentence.
“I apologize for acting inappropriately towards (victim’s name) and do truly hope that she can forgive me. I apologize for putting her in this situation, and I truly regret my conduct toward her.
“I also apologize for my poor conduct while employed as a teacher in the Stevenson-Carson School District. I realize now my behavior towards some of my female students was totally unacceptable.
“I am now prepared to accept this punishment and am ready to pay my debt to society. I further apologize to my family and friends, especially my wife and my sons, for violating their trust and their love.”
Although not addressed as a part of the current charges or sentence, documents submitted by the Stevenson-Carson School District attorney to Rasmussen provided a history alleging inappropriate physical contact, sexual contact and complaints about use of restraint, made against McAndie.
These complaints were filed by female students at Stevenson High School in 1991, 1994, and 2001 including allegations of restraining girls’ hands, wrists or arms with a soccer net or other restraints, and additional inappropriate sexual advances and anger displays.
The school files also included a “no touching” agreement, signed by McAndie, just prior to his resignation from the school.