Berrien Springs resident sentenced for sexual abuse

Published 8:59 am Friday, August 23, 2019

NILES — A Berrien Springs man is going to prison after pleading guilty to sexually assaulting a young girl more than two years ago.

David Alberto Borton, 73, of George Street in Berrien Springs, pleaded guilty to criminal sexual conduct-assault with intent to commit penetration and was sentenced Thursday in Berrien County Trial Court to 23 months to 10 years in prison.

He has credit for 88 days already served and must pay $258 in fines and costs. He must also register as a sex offender.

The incident occurred in January 2017 against a 10-year-old girl at a residence in Oronoko Township.

Borton had initially faced a stiffer prison sentence of 29 to 56 months but his attorney, Tat Parish, was able to get the guidelines reduced. Parish noted that one of the guideline variables was scored incorrectly as there was more than a 10-year gap between criminal convictions.

Borton was convicted in 2002 of fraud in federal court and served a two-year federal prison term. A former college administrator at both Andrews University and Lake Michigan College, he was accused of bilking nearly 300 family members, friends and acquaintances between 1997 and 1999 in a high-risk investment scheme.

Parish was less successful in challenging other sentencing guideline variables as Berrien County Trial Judge Charles LaSata ruled that other variables were scored correctly. Those variables concerned Borton taking the victim to a place of greater danger and the victim’s psychological injuries.

Assistant Prosecutor Gerald Vigansky noted that Borton took away the young victim’s innocence and has resulted in the victim having to undergo counseling.

Parish argued for jail rather than a prison sentence, given Borton’s age and the support of his family and community as well as his record of service in the community and his military service in Vietnam where he earned a Purple Heart as a medic. Thirty letters were submitted to the court to support Borton.

Borton apologized for his actions. He asked for leniency, noting that his 76-year-old wife needs help at their home.

“These are very difficult cases for everyone involved,” Judge LaSata said. “The victim’s life has been changed forever, and your family members have had to hear details of the incident. … I can understand her trauma and her statement that she wants you to die in prison.”

LaSata said he found the victim’s story to be consistent and credible in comparison to Borton’s version of the incident. He noted that there were actually multiple incidents of “improper contact” between Borton and the victim.