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Saturday, August 18, 2007

Ind. Decisions - Husband appealing disparate sentence

Shawn McGrath of the Anderson Herald Bulletin reported late Thursday, Aug. 16th, in a story that begins:

Everything should be equal between a husband and wife — including their individual prison terms for engaging in sex acts with teenage boys, according to an Anderson attorney.

Attorneys for Deckard K. Zicafoose have filed a notice of appeal, claiming Madison Circuit Court Judge Fredrick Spencer erred in sentencing the former Edgewood resident in July to four years in prison after he pleaded guilty to a single count of aiding, inducing or causing sexual misconduct with a minor, a Class B felony. He could be released from prison in about two years if he serves his sentence with good behavior.

Anderson attorney Jeffery Lockwood, who, along with David Happe, is representing Zicafoose, 42, in his appeal, said Spencer should have sentenced Zicafoose to the same term as that of his wife, Misty Zicafoose.

Misty Zicafoose, 30, was sentenced in July to two years in prison after pleading guilty to five counts of sexual misconduct with a minor, all Class B felonies punishable by six to 20 years in prison. With good behavior, she could be released in less than a year.

“We think the judge considered some inappropriate factors,” Lockwood said earlier this week. “And we think that’s shown by the disparities in the sentences.

“You have a woman who pleaded guilty to five counts, only one of which involved her husband. Why does she get half the sentence he gets?”

Specifically, Spencer gave both Zicafooses the minimum sentence. Deckard Zicafoose received a six-year sentence, with four years executed in prison. The last two were suspended, and he’ll serve them on probation.

Misty Zicafoose also got a six-year sentence, but only two were ordered to be served in prison. Spencer suspended the remaining four years, and she’ll spend that time on probation.

“Basically, what we’re saying is, when a judge sentences someone, it should make sense,” Lockwood said.

Posted by Marcia Oddi on August 18, 2007 04:28 PM
Posted to Ind. Trial Ct. Decisions