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Durango man gets 12 years for attempted sex assault

Lawrence Berry, 55, sentenced for attempted sex assault
Berry

Judge Suzanne Carlson sentenced Durango resident Lawrence Berry, 55, on Thursday to the maximum prison sentence – 12 years – after Berry pleaded guilty to three counts of attempted sexual assault on a child and to contributing to the delinquency of a minor.

Berry also was given an indeterminate sentence of probation.

According to the plea agreement, Berry faced between six to 12 years in prison.

At the sentencing hearing in La Plata County Courthouse, Assistant District Attorney Christian Champagne asked Carlson to sentence Berry to the maximum allowed under the terms of a plea agreement.

“This is not someone who stole a car or was addicted to drugs. He sexually assaulted a 5-year-old girl and a 6-year-old boy. This is the kind of person who should be getting a high sentence,” said Champagne, who cited the punishment purpose of sentencing.

One of the children was Berry’s grandchild.

“He took advantage of some of the most vulnerable people in our community – children, who he was entrusted to protect, acting as babysitter.”

Berry’s public defender, Zac Brown, argued for a six-year sentence, saying Berry was extremely “remorseful and does seek forgiveness. He’s incredibly emotional,” he said.

He said Berry likely would prove a success in sex-offender treatment, and a lengthy prison sentence was inefficient because it costs the state $35,000 to incarcerate a single person every year, but probation costs $1,500 a year, and the cost mostly is incurred by the offender.

When it was Berry’s turn to speak, he visibly was emotional, saying, “Your honor, I have remorse for what happened. I am not this type of person. I never abused my daughter, sisters. ... I do believe that God is punishing me for ignoring him,” he said.

“I love my grandchildren. They are my heart and blood; my daughters – they mean everything to me. Personally, I have no life now. In prison, I won’t be able to see them grow up,” he said.

“I am very, very sorry to you, as well,” he said to his family and others who gathered in the courtroom gallery. “I never meant to hurt none of you.”

Judge Carlson said, “previously, you had been blaming God for your bad choices. It sounds like you are in a different space now. I think it says something that you took a plea agreement so that these children would not have to go through trial,” she said.

But she justified the 12-year sentence by saying, “I think it will be easier for these kids to know that you are in prison and can’t get at them.”

cmcallister@durangoherald.com



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