BROOKINGS – A Brookings man has been sentenced to 10 years in prison for having sexual contact with a 12-year-old girl last February.

Mitch Buckley, 28, pleaded guilty in November to one count of sexual contact with a child under 16. The Class 3 felony is punishable by up to 15 years in prison and a $30,000 fine.

In exchange for his guilty plea, three counts of first-degree rape and several drug charges were dismissed, and the state made no argument at sentencing Tuesday.

According to court documents, the sexual contact occurred Feb. 26-27, when Buckley picked up the girl in Mitchell and drove her to his home in Brookings. He said the girl told him she was 19 years old.

Defense attorney Tim Hogan asked Circuit Judge Greg Stoltenburg to consider a suspended imposition of sentence, deviating from the mandatory minimum sentence, and not send Buckley to prison. 

Buckley has a DUI and marijuana charges on his record, and a sexual offense as a juvenile, Hogan said, but Buckley does not have an extensive criminal history.

The attorney said the victim exaggerated facts in the case and has been involved in at least two other cases like this. Buckley and others assumed she was an adult when she initiated contact with him, Hogan added.

Hogan said his client is not a predator and has no interest in children.

Buckley told the judge he was “not a monster, not a predator. It makes me absolutely sick that this happened. I’m embarrassed and ashamed of what happened.”

He told the judge that he had reflected on how many people this affected, and “nothing like this will ever happen again.”

Buckley said he wanted to remain in the community and not return to the prison system.

But Stoltenburg denied the request for a suspended sentence and said there was no reason for him to deviate from the mandatory minimum 10-year sentence. He noted that Buckley’s psychosexual evaluation showed he had a high risk to reoffend.

Stoltenburg said the victim was a vulnerable young person who needed help, and Buckley admitted that he “brought her from Mitchell to Brookings to hook up.”

The judge then sentenced Buckley to 10 years in the South Dakota State Penitentiary, with credit for two days of pre-trial detention.

Buckley has to follow the rules and regulations of the Board of Pardons and Paroles, must remain law abiding and pay court-appointed attorney fees. He also has to pay $104 in court costs and $2,633 in restitution for his psychosexual evaluation, blood, urinalysis and drug tests, and for a sexual assault kit.

Buckley was then remanded to the custody of the Brookings County Sheriff’s Office for transport to prison.

Contact Jill Fier at jfier@brookingsregister.com.