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Child Molestation

782: Tony Cutler

Cajsa LilliehookLeave a comment

Tony Cutler was the director of the Sault Ste. Marie Downtown Development Association, a teacher, and an unsuccessful candidate for Michigan State House of Representatives. He was charged with criminal sexual conduct with a minor, a boy who was sixteen at the time. He moved to get his case dismissed, but the judge refused. However, she did reduce the charges from 2nd to 4th degree, from felonies to misdemeanors.

On June 28, 2023, when he was scheduled for trial, he pled no contest with the same penalty as a guilty plea. This was agreed to because Cutler was being sued in civil court.

On Sept 22, 2023, he was sentenced to three months in jail.

Tony Cutler bound over to court on two - Charlevoix Courier (MI) - August 5, 2022 - page A1 August 5, 2022 | Charlevoix Courier (MI) | Annie Doyle; The Petoskey News-Review | Page A1 CHARLEVOIX — Tony Cutler, former Sault Ste. Marie DDA director, teacher and local political candidate, is headed to trial in Charlevoix County Circuit Court for his alleged inappropriate behavior with an underaged boy. In a written decision obtained by the Courier this week, Charlevoix County's 90th District Court Judge Angela Lasher concluded that probable cause had been established that two offenses of criminal sexual conduct in the fourth degree were committed by Cutler. Unless a plea deal is reached, a trial date will most likely be set within the next few months, according to officials from Circuit Court Judge Roy C. Hayes III's office. Cutler was arrested May 10 surrounding events with a then-16-year-old boy in June and July 2021 and is currently out on a $20,000 bond with the condition that he has no contact with minors, according to court documents. Judge Lasher's decision comes nearly a month after a preliminary examination was held on June 28 to determine whether enough evidence existed to send the case to trial. At the time, the alleged victim testified to being the recipient of Cutler's inappropriate text messages and being made to feel uncomfortable by comments Cutler made at their place of work — Boyne City's Lake Street Pub — and while speaking to Cutler on the phone. A situation was also described in the kitchen at the Lake Street Pub in which Cutler's hand "grazed" below the belt of the victim twice within a short period of time.
Charlevoix Courier (MI) – August 5, 2022 – page A1
The decision this week fell short of the recommendation from Special Prosecuting Attorney James Linderman that Cutler be charged with two counts of second degree criminal sexual conduct, one count of assault with intent to commit sexual conduct and one count of using a computer to commit a crime. Second-degree criminal sexual conduct is a felony offense in Michigan with a maximum 15-year prison sentence and fourth-degree criminal sexual conduct is a misdemeanor with the possible statutory punishment for a conviction that includes up to two years in prison and a fine of up to $500, according to michigancriminallawyer.com. In explanation of her conclusion, Lasher said that all of the necessary aggravating factors required for second degree criminal sexual conduct hadn't been met. She wrote that "probable cause has been established that two separate acts of sexual contact occurred" during the incident in the kitchen and "that the acts were accomplished with force or coercion ... by surprising the victim and touching (him), the defendant was able to accomplish the act without regard to the victim's wishes." However, she did not find that a personal injury had been demonstrated according to case law, and concluded in her analysis, "(the victim) testified that he was initially uncomfortable, then had fear, anxiety, cried and became quick to anger. While these are real and serious emotions, this court must follow the decisions and definitions developed by case law and finds that mental anguish has not been sufficiently demonstrated by the prosecution." In addition, Lasher wrote she was "not persuaded" by the prosecution's argument that "a computer was used to accomplish the actual perpetration of the alleged criminal sexual conduct," via the text messages that occurred between the minor and the defendant. Special Prosecuting Attorney Linderman was contacted for comment but did not respond in time for publication.

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