Brittany Lawonn, Published September 11 2007
Former truancy officer gets sentence
Kimberly Michelle Nack also received a one-year sentence, suspended for two years, and two years of supervised probation during her sentencing Monday for a charge of corruption or solicitation of a minor.
Nack had pleaded guilty to the misdemeanor charge in May as part of an agreement that dropped a felony sexual assault charge.
A misdemeanor charge of harboring a runaway was also dismissed Monday.
Nack has acknowledged that she engaged in a sexual act with the boy, who she met while working at a youth treatment center, by allowing him to fondle her.
Authorities found the
16-year-old runaway Dec. 23 at 2526 15th Ave. S. in Fargo, which was Nack’s apartment at the time. Further investigation led to phone records and text messages between the two indicating a relationship.
Nack apologized before she was sentenced Monday, saying she accepted full responsibility for her actions.
“I just so badly would like to go back to being a positive, productive member of society,” she told East Central District Judge Wade Webb.
Nack also acknowledged the support of her family and friends, many of whom attended her sentencing at the Cass County Courthouse. She believes treatment, therapy and medication will help her to stay out of trouble.
“I think I’m on the right track,” she said.
Nack’s attorney, Lindsey Haugen, said Nack was not a risk to society and the incident was not “some type of a predatory fling that occurred.”
“There was a real relationship here,” he said.
Assistant Cass County State’s Attorney Gary Delorme cited pre-sentence investigation results that place Nack at a low risk to re-offend. Delorme said the victim’s family members have told him they wanted her to go to jail because of her position of authority over the boy.
Before sentencing Nack, Webb told her he found her conduct offensive, saying it merited a real criminal record and not a deferred sentence. He also ordered Nack to complete 240 hours of community service during her probation, saying it would “ensure a more punitive sanction.”
“That will give you some more time to think about the conduct you engaged in,” he said.
Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541