How Could You? Hall of Shame-Marcus L. McKinstry
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From Racine, Wisconsin, former group home resident Marcus L. McKinstry, 19, was ordered on Monday September 23, 2013 to “be committed to a state mental institution for 25 years for sexually assaulting another boy in his Mount Pleasant group home more than two years ago.
Dressed in orange Racine County Jail scrubs, Marcus L. McKinstry, 19, broke into a big grin on Monday upon seeing only one person sitting in the audience as he was ushered into a Racine County courtroom, his hands and feet shackled.
McKinstry pleaded no contest to second-degree sexual assault of a child, a charge punishable by up to 25 years in prison. A no-contest plea means McKinstry doesn’t admit to the allegation, but doesn’t dispute prosecutors’ ability to prove it in court.
Defense attorney Michael Barth then asked that McKinstry be found not guilty by reason of mental disease or defect so the teen could be committed to a mental institution for a maximum of 25 years. The no-contest plea was a necessary step before McKinstry could be found not guilty by reason of a mental illness or defect.
McKinstry, who has been diagnosed as schizophrenic, was charged in August 2011 for fondling a younger teen on July 8, 2011, at their group home, according to his criminal complaint. McKinstry allegedly told a staff member there that voices in his head told him to fondle the boy, who was then 16 years old, the complaint stated.
Racine County Assistant District Attorney Randy Schneider said McKinstry should be committed to the state Department of Human Services, arguing the teen needs to be institutionalized. McKinstry has been declared incompetent to stand trial three times, his competency then restored each time.
“At this point he does pose a danger … if released,” Schneider said. “The underlying offense is a serious offense: a sexual acting out against a peer. There’s no evidence here it was done forcibly. He’s got (a) mental illness and no support structure in the community.”
Barth said McKinstry is making progress.
“Mr. McKinstry is basically a nice young man. We’ve had trouble gaining competency and then losing it in a confined setting in the jail,” he said. “I know he does have a concerned mother in Illinois. She calls me to ask how he’s doing. Eventually, he will be able to conform his conduct. He’s already doing better.”
Circuit Judge Tim Boyle declared McKinstry not guilty by reason of mental disease or defect, ordering him to be committed for an initial period of 25 years. He could petition for conditional release at a later date.
Boyle said McKinstry still must register as a sex offender.
McKinstry’s mother didn’t attend Monday’s hearing.
A review hearing is set for Oct. 25.
“We’ll proceed to the next hearing to hear from the Department of Human Services on their recommendation (for McKinstry’s placement),” Boyle said.
Schneider said DHS officials control who enters their institutions, regardless of a judge’s orders, and will issue a report on whether they will accept McKinstry or state he should be placed in a community program.
In exchange for Monday’s plea, Schneider agreed to drop other felony and misdemeanor charges stemming from fights at the same group home, and from allegedly throwing a container of urine at a correctional officer in the Racine County Jail.”
REFORM Puzzle Piece
I wish people who murdered their adopted children got this long of a sentence.
Okay, if McKinstry is 19 now, he couldn’t have been more than 17 when the incident took place July 8, 2011. The “younger boy” was sixteen when the “not forcible” fondling took place.
How does a ONE YEAR age difference equate to “sexual assault of a child”? I looked up Wisconsin State Law– sexual intercourse with someone 16 or older is a 9 mos sentence max; only if the victim is UNDER 16 does it become possible to sentence someone to 25 years.
Also it’s not clear that this wasn’t consensual. If it was, how could McKinstry be charged, since HE was also a minor at the time? Did they both molest each other?
My guess on the 2nd degree is that it fell into the category of knowingly assaulting someone with a mental illness (number 3 in examples following) (since they both were in the group home so can’t be consensual) 2nd degree is defined as “Section 940.225 (2), Wisconsin Statutes, prohibits sexual contact or sexual intercourse without consent in situations involving: 1) use of or threat of
force or violence; 2) injury, illness, disease or impairment of a sexual or reproductive organ,or mental anguish requiring psychiatric care for the victim; 3) assault upon a person who
suffers from a mental illness or deficiency that renders the person temporarily or permanently incapable of appraising the assault and the defendant knows of such condition; 4) assault
upon a person who the defendant knows is unconscious; 5) assault is abetted by one or more other persons; 6) assault upon a patient or resident of a health or treatment facility or program
by an employee of that facility or program; 7) assault upon a person that the perpetrator knows is under the influence of an intoxicant to a degree which renders the victim incapable
of appraising his or her conduct, an act popularly known as a“date rape”(Class BC felony).1997 Wisconsin Act 220 criminalized the use of certain“date rape” drugs and prohibits aperpetrator convicted of taking advantage of an intoxicated victim under the age of 18 yearsfrom working or volunteering with children under 16 years of age.
Classb/c felony: Class BC “fine not to exceed $10,000 or imprisonment not to exceed 30 years, or both. “
Rally,
Yet McKinstry HIMSELF suffers from “a known mental defect” and was also a minor at the time of the offense. When you consider the far lighter sentences handed out to mentally competent adults caught molesting multiple kids over the course of years, it seems like they railroaded a kid who didn’t fully understand what was going on.
Still, it’s not like you want a guy whose “voices” instruct him to fondle minors walking the streets, and this sentence at least prevents that. If a cure for schizophrenia is discovered later on and heals him, he does have the option to petition for release then.
I just find myself suspicious that laws meant to protect kids from sexual predators are being used to punish LGBT teens for consensual relationships with their peers.