Over the objections of his victim's family, a 22-year-old Robbinsdale man was spared prison and instead ordered to serve six months in custody after pleading guilty to sexually assaulting a girl seven years younger than him when they were minors.
Robbinsdale man gets 180 days in workhouse, probation for sexually assaulting girl
Devin James Hultin received the sentence following his conviction in Hennepin County District Court of first-degree criminal sexual conduct, which carries a presumptive sentence of 12 years. The abuse started in 2017 when the victim was 9 and Hultin was 16. Hultin, who is related to the girl, admitted to at least one assault, but the victim said he abused her multiple times up until 2020. The next year, after she became increasingly isolated and suicidal, she told her mother and it was reported to police.
Prosecutors explained at Hultin's sentencing Wednesday why they don't support him serving any prison time, despite strong opposition to this from the victim's family. The family was initially told by the first prosecutor on the case that the state would seek an eight-year prison term, according to three sources familiar with the matter.
The sources say that administration in the County Attorney's Office intervened and decided no prison time was appropriate. Prosecutor Raina Urton didn't agree with the decision and asked to explain it to the victim's family, but that request was denied by the administration. Urton asked to be taken off the case because she didn't want to argue for no prison time — contrary to what she already told the family.
The family begged Judge Michael Burns to impose a harsher penalty for Hultin.
"He is a monster that took my baby's innocence ... trust and dignity," said the victim's mother to Burns as she paused to sob midsentence. "He stole her childhood away from her. Please, give my baby justice."
The mother, whom the Star Tribune is not identifying to protect the victim's identity, said she noticed signs of self-harm and sent her daughter to a children's psych ward for two weeks. In reading her daughter's victim impact statement, the girl shared how she hasn't slept in six months and suffers panic attacks.
"I found out he manipulated me and I have tried to commit suicide. … I can't trust people. …I can't look at my own body and not cry or feel disgusted," the girl, now 15, wrote. "I can't wear tight clothes. … I struggle to form bonds with people. I don't know why he did it. Why can't I have a normal life? … Some days are harder than others. I am progressively healing."
In interviews with investigators, she said the first sexual assault involved Hultin and one of his friends who has special needs. Hultin was supposed to be babysitting her, but instead she was assaulted by both boys and instructed not tell anyone. Hultin and the friend admitted to this in interviews with police and acknowledged the victim's age difference, according to court documents.
Hennepin County Managing Attorney Morgan Kunz, who took over the case after Urton, said while the offense is significant and horrific, Hultin was a juvenile when it happened.
"Had this been reported when he was a juvenile … this case would've taken a different course. The state does believe he is particularly amenable to probation," Kunz said, adding that Hultin has accepted responsibility, self-engaged in treatment and has a stable job.
Public defender Lisa Skrzeczkoski-Bzdusek said, had this been a juvenile case, "it is almost a given" that Hultin would've received a stay of adjudication, which keeps the conviction off his record if he remains law abiding during his five years of probation.
Skrzeckoski-Bzdusek said Hultin has been in treatment nearly a year and has not violated the terms of his conditional release. She said whether sending him to prison or having him on probation, "neither one of those options is going to change what happened to the victim in this case."
The victim's mother shook her head when the public defender said that to put Hultin in prison would take away from the progress he's made in treatment.
Hultin, who will be entered into the Minnesota Predatory Offender Registry, declined to address the court when Burns offered him the opportunity to speak.
The judge said repeatedly in explaining his sentencing decision that "actions have consequences."
"Frankly, I don't know what would've happened [if] this came out when he was 16. It could've been certified as an adult and he would be facing similar consequences that he is now," he said.
But the judge agreed with both parties that Hultin was amenable to probation. He said Hultin will not have to serve a suspended 14-year prison sentence if he abides by terms of his probation for the next five years.
Burns ordered him to serve a year in the workhouse, with the first 180 days in custody and the rest on electric home monitoring.
The victim's mother watched closely as Hultin was taken away in handcuffs.
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