Critics say short man's sentence doesn't measure up

LINCOLN, Neb. — A judge's decision to sentence a 5-foot-1 man to probation instead of prison for sexually assaulting a child has angered crime-victim advocates who say the punishment sends the wrong message.

But supporters of short people say it's about time someone recognizes the unique challenges they face.

Cheyenne County District Judge Kristine Cecava issued the sentence Tuesday. She told Richard Thompson that his crimes deserved a long prison sentence but that he was too small to survive in a state prison.

Though he could have been sentenced to 10 years behind bars, he ended up with 10 years of probation. On Thursday, the state's attorney general, Jon Bruning, promised to appeal within two weeks, calling the sentence too lenient.

Marla Sohl of the Nebraska Domestic Violence Sexual Assault Coalition said, "I'm concerned about the message this sends to victims and perpetrators," adding it shows more concern for the criminal and his safety in prison than for his victim.

But Joe Mangano, secretary of the National Organization of Short Statured Adults, agreed Thompson would face dangers while in prison because of his height.

"I'm assuming a short inmate would have a much more difficult time than a large inmate," Mangano said. "It's good to see somebody looking out for someone who is a short person."

Thompson, 50, had sexual contact over a couple of months last year with a 12-year-old girl, said Sidney Police Chief Larry Cox. He was sentenced on two felony sexual-assault charges.

As part of the probation, he will be electronically monitored for the first four months and was told never to be alone with anyone younger than 18 or date or live with a woman whose children were younger than 18. He was also ordered to get rid of his pornography.

Thompson's attorney, Donald Miller, had no comment. Judge Cecava, did not return a message seeking comment.

Prison spokesman Steve King said Thompson's height would not put him at risk. Protections are available to help inmates who feel threatened, he said.