By By NORMA LERNER / Cassopolis Vigilant
CASSOPOLIS – An Edwardsburg man who often had children come to his home to play games, photographed them in the nude and molested an eight-year-old girl, landed himself a 25-year prison term Friday in Cass County Circuit Court.
Fifty-year-old John McNeely of 68115 Cherry Lane St. was convicted of first-degree criminal sexual conduct and four counts related to child sexually abusive material. He said he will appeal his sentencing of 25 to 40 years.
McNeely was convicted by a jury Dec. 4 of the charges and said it was not true that he tried to lure kids to his house on Cherry Lane Street.
But Judge Michael Dodge said McNeely not only molested an eight-year-old girl, but placed a photograph on the computer involving another child in the nude who identified herself in the photograph by the pattern on the bed comforter.
Dodge noted in the first-degree molestation, the court is required to follow an amendment by the Legislature that the minimum sentence supercedes the guideline range which was 82 to 135 months. He said the statute was amended Aug. 28, 2006, to provide for 25 years for first degree to an individual 17 years of age or under. One individual was a 13-year-old. Prior to that time, the court would follow the guideline range but now the Legislature says life or 25 years.
Chief Assistant Prosecutor Jason Ronning said it was a long period of time that McNeely had activity in his neighborhood where kids played. The kids came over to play games and went over by themselves with only McNeely there in the house. He said there were serious issues and asked the court to impose the 25 years. He said NcNeely had 1,200 photographs and another 88 photographs with explicit scenes. Ronning said based on the all the factors, he asked for the 25 years and at the high end of the guideline range for three of the counts which was 51 to 85 months and one count which was zero to 17months.
Defense lawyer James Miller said this was McNeely's first time before the court and asked for a sentence at the low end of the guideline range.
For first-degree criminal sexual conduct, Dodge ordered a maximum to 40 years, gave him credit for 201 days served and costs of $570. If he were to be put on parole, he is to have a lifetime electronic monitor.
For the three counts of producing child sexually abusive material, he got 85 months to 20 years each and costs of $690. For possession of child sexually abusive material, he got credit for 201 days for time served and a fine of $60. The four terms are concurrent.