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Milton teen sentenced on reduced sex assault charge

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FRANK J. SCHULTZ
June 18, 2009
— A Milton man facing a felony sexual assault charge will be able to serve his sentence this summer and attend college this fall.

Zachary H. Fry, 18, of 9837 N. Clear Lake Ave., Milton, pleaded guilty to the felony charge and no contest to a misdemeanor charge of fourth-degree sexual assault in Rock County Court on Wednesday.


The charges stem from a Jan. 24 incident in which Fry forced sexual intercourse on a girl younger than 16.


Judge Michael Fitzpatrick agreed to a plea agreement worked out by Deputy District Attorney Perry Folts and defense attorney Trish Arreazola.


Fitzpatrick withheld judgment on the felony count of second-degree sexual assault, which carries a maximum penalty of 40 years in prison and a $100,000 fine.


Fitzpatrick sentenced Fry only on the misdemeanor charge.


If Fry complies with the terms of the agreement, the felony count will be dismissed. If not, he would be sentenced on that charge.


As part of the agreement, Fry:


-- Will attend six sex-offender counseling sessions over six weeks.


-- Must pay $664 restitution, which represents counseling and medical care for the victim.


-- Will spend 39 days in the Rock County Jail but will be allowed out for counseling and to work, if he has a job.


-- Could be allowed to serve his jail time at home with an electronic monitoring bracelet, if the sheriff agrees.


If the bracelet is not approved, Fry must report to jail by 1 p.m. Monday.


A hearing is set for 10:30 a.m. Aug. 4, at which time Fitzpatrick would dismiss the felony charge if Fry has complied with terms of his sentence.


The family of the victim agreed to the outcome, Folts told the court.


“I believe this is a young man that has a future,” Folts said. “No one wants to destroy that future, including the victim’s family. … For lack of a better term, they want to impose a little hurt on him because he imposed a hurt on their daughter.”


Defense attorney Trish Arreazola noted that Fry has undergone an alcohol assessment and enrolled in counseling and was under a curfew for the second half of his senior year. She said he maintained a 3.8 grade point average and is a talented athlete who is to attend college on a football scholarship.


Fry apologized to his own family and said he has great sympathy for the victim and her family.


Fitzpatrick noted that Fry has no prior convictions and said he didn’t think Fry was getting off easier than anyone else in a similar situation.


Fry was a Milton High School football standout and is a recruit of Minnesota State University at Moorhead.


A Moorhead spokesman said Wednesday that Fry is slated to receive a scholarship to play football and is still on the team’s preseason roster.



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