A mentally retarded Logan man pleaded guilty to a reduced charge of attempted sexual abuse of a child Tuesday in 2nd District Court. David J. Gilmore, 57, will be sentenced Dec. 26 on the third-degree felony charge.
A mental evaluation requested by Gilmore's defense attorney and prosecutors last month determined he was mentally competent at the time of the offense and is competent to understand the charges filed against him.When Gilmore was arraigned Oct. 9 on a charge of sexual abuse of a child, a state social services caseworker accompanying him told judge Rodney S. Page that Gilmore is retarded. The judge ordered a mental evaluation of Gilmore by Bear River Mental Health.
In a plea negotiation, Gilmore Tuesday pleaded guilty to attempted sexual abuse of a child, a third-degree felony that carries a prison term of zero to five years. The charge was reduced from sexual abuse of a child, a second-degree felony with a one- to 15-year prison term.
He admitted fondling a 10-year-old girl in Kaysville last April. When Page asked him if he knew at that time that what he was doing was wrong, Gilmore said he did and that when he realized it, "I took my hand away and I put it in my pocket."
Page determined through extensive questioning in the pre-trial hearing that Gilmore understood the seriousness of the charge and that he could be sentenced to prison.