Gilmore meted 11 more years in prison

Date: 2005-10-01

Judge Cal Tichenor goes beyond recommendation in sentencing former music teacher

By Gary Allen, Newberg Graphic news editor
E-mail Gary at gallen@eaglenewspapers.com
  
Former Newberg and St. Paul music teacher David Gilmore will spend nearly 11 additional years in prison following a decision this week by a Yamhill County judge.
   Circuit Court Judge Cal Tichenor sentenced Gilmore Tuesday under the terms of a plea agreement between Gilmore’s counsel and the Yamhill County district attorney’s office. Gilmore was scheduled for trial in Yamhill County on eight first-degree charges of sexual abuse and unlawful sexual penetration, both Measure 11 offenses.

   The Marion County conviction stemmed from Gilmore’s admission in 2004 that he sexually abused his then-9-year-old adopted Russian daughter at their St. Paul home. The Yamhill County charges reflect similar crimes when the family lived in Hopewell the same year. Gilmore turned himself over to Marion County sheriff’s deputies before being charged.

   Gilmore was convicted this spring in Marion County to 19 years in prison after pleading guilty to first-degree sexual abuse and first-degree unlawful penetration.
   In sentencing Gilmore Tuesday Tichenor discarded one recommendation of the Yamhill County District Attorney’s Office. Prosecutor Sam Justice asked that Tichenor sentence Gilmore to 100 additional months of prison time on the sexual penetration charge, the amount suggested under Measure 11.
   But because Gilmore had been convicted on the Measure 11 crimes in Marion County, Tichenor was allowed to increase the sentence’s duration to 130 months and ordered that it be served consecutive to (or after) the Marion County sentence. Felons convicted of Measure 11 are not eligible for parole or time off for good behavior.

   Deputy District Attorney Debra Markham, standing in Tuesday for Justice, said Gilmore “expressed remorse and apologized” for his actions.

   Regardless, Tichenor meted the sentence. “Everything stated about you completely ignores that you’ve done to this child — the fact that you would go into her room in the middle of the night and molest her,” he said, according to the the McMinnville News-Register newspaper.

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