PROVO Sexually accosting a young female employee is a reprehensible offense but not bad enough to put a man in prison and impoverish his family, which includes five children, a judge ruled Wednesday.
J.W. Craig Lamoreaux, 33, was sentenced Wednesday morning to 60 days on the jail's GPS ankle monitoring system after being convicted by a jury of attempted forcible sex abuse.
He was arrested March 19, 2007, after an employee at the Fazoli's restaurant at 1122 S. University Ave. in Provo, which he managed, reported to police that she had been assaulted.
She alleged that Lamoreaux asked to see her chest and wouldn't let her leave until she showed him. He also put his hands inside her pants, according to court documents.
He denied touching the employee, saying it was an accidental brushing. He continues to maintain his innocence, his attorney said Wednesday.
Lamoreaux was convicted by a jury March 11 of one count of attempted forcible sex abuse, which carries a potential penalty of five years in prison, but the recommendation from Adult Probation and Parole was for 210 days in jail.
"I'm a little set back by the recommendation being as stern as it is," said defense attorney Andrew McCullough. "Especially in light of five children at home. This is a family disaster. I realize that the court will require itself to properly punish my client ... (but) he's not the only one that's going to be punished."
He asked the court to consider GPS ankle monitoring through the jail, which would allow Lamoreaux to keep his well-paying job with benefits to provide for his family.
"If there's anything that can be done to moderate the effect on the family, that would be very much appreciated by the entire family," McCullough said. "I don't want to downplay the seriousness of his behavior, but on the other hand, I've seen a lot worse."
McCullough also filed a motion with the court for a new trial. Attorneys will argue the issue in September.
Prosecutor Randy Kennard agreed with McCullough and conceded to GPS monitoring if that's what Judge Claudia Laycock ruled.
"I do believe this is a serious offense, (but I) realize there are much more egregious offense that fall into these same categories, I don't deny that," Kennard said.
Kennard said the state was concerned about making sure Lamoreaux took accountability for this actions, which has been accomplished by the conviction; plus an issue of protecting society, which can be handled through three years of probation through Adult Probation and Parole, plus the GPS monitoring.
Laycock agreed the recommendation was overly harsh, given the fact that Lamoreaux has no criminal history and allowed the GPS monitoring, even giving him credit for the 21 days he served in jail after being arrested.
"I realize that the victim wants a great deal more," she said. "But the victim and her family don't have the perspective that I think the three of us have, where we have seen truly things that are much worse. Although, as the jury found it, this was an offense, it was a crime and it is offensive that this girl was subjected to the behaviors that she described.""I think it's fair that there be punishment involved here," Laycock continued. "But I also agree, I don't want to torpedo this family."