Court updates for child sex felonies

Posted 12/13/23

Two Pinedale men charged separately with alleged possession of child pornography and sexual assault of children are having their cases move through 9th District Court.

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Court updates for child sex felonies

Posted

SUBLETTE COUNTY – Two Pinedale men charged separately with alleged possession of child pornography and sexual assault of children are having their cases move through 9th District Court.

At his Oct. 5 arraignment, Gabriel M. Gregg pleaded not guilty before Judge Kate McKay to four felony counts of sexual exploitation of children: possession of child pornography on April 26 and June 5, according to court records.

He is represented by public defender Rachel Weksler; the case is prosecuted by Sublette County Deputy Attorney Gaston Gosar.

On Oct. 5, Weksler requested a $3,000 unsecured bond; Gosar asked for $25,000 cash bond.

Judge McKay continued Gregg’s $20,000 cash bond as set by Circuit Court Judge John LaBuda, noting Gregg had no prior criminal history.

After both attorneys asked to extend all deadlines by four weeks, Judge McKay ordered Gregg’s pretrial conference to take place Feb. 22, 2024, and the requested jury trial on Jan. 22 is moved back to March 18.

Each felony count carries a maximum penalty of 10 years in jail and $10,000 fine.

Second case

The second case alleges Robert W. McCutchan committed two felony counts of sexual assault and one felony of immoral or indecent acts during past interactions with two young girls, now grown women.

The charges were filed by special Johnson County prosecutor Tucker Ruby at the request of Sublette County Attorney Clayton Melinkovich. McCutchan is defended by public defender Elisabeth Trefonas.

Judge McKay transferred the case to Jackson’s Judge Melissa Owens, who left McCutchan’s bond at $10,000 cash or surety.

On July 21, McCutchan pleaded not guilty to sexual assault in the second degree, sexual assault in the third degree and immoral or indecent acts. The victims were under 12 at the time of these assaults, stating McCutchan initiated dozens of encounters with them.

Judge Owens set a pretrial conference for Dec. 19 and a four-day jury trial for Jan. 16, 2024.

On Nov. 27, Ruby filed a proposed agreement that McCutchan would plead no contest to one sexual assault charge and the immoral acts felony; the second sexual assault would be dismissed.

The two charges in the agreement carry maximum penalties of up to 15 and also 20 years in jail and total fines of $11,000.

Ruby gave notice that he would cap his sentencing argument at 10 to 15 years in prison with credit for time served for the sexual assault charge and 6 to 8 years for the immoral acts charge, also with credit for time served, recommended to run concurrently.

Judge Owens vacated the Dec. 19 pretrial conference and ordered a pre-sentence investigation report; when that is filed, the judge will set McCutchan’s change of plea and sentencing hearing in the Pinedale courtroom.