WILLMAR -- Larry Ray Bannick, 48, of Willmar was sentenced Friday to 18 months in jail, which was stayed, for engaging in a sexual relationship with a then 14-year-old New London boy.
District Judge David L. Mennis ordered Bannick to serve 15 years of supervised probation, pay a $1,500 fine and register as a predatory offender. As a condition of the stayed sentence, Bannick will serve 120 days in the county jail, with credit for one day already served. However, Mennis imposed an additional 10-year conditional release period, meaning that Bannick could face 10 years in prison if he violates the court's conditions.
The other conditions include that Bannick follow the recommendations of his psychosexual evaluation, attend an outpatient sex offender treatment program, have no contact with the victim, the victim's family or with males under 18 and that Bannick hold no job with authority over boys under 18. He was also prohibited from having pornography or Internet access at home or elsewhere unless approved by probation. He was also ordered to pay $770 in restitution. The restitution payment will be shared with another man, who also was convicted earlier this year of having a sexual relationship with the boy.
Bannick pleaded guilty to one felony charge of third-degree criminal sexual conduct in July. As part of the plea agreement, the other seven felony charges against him, including criminal sexual conduct, use of minors in sexual performance or pornographic work and pornographic possession, were dismissed.
The charges stem from a relationship that began in October 2005 between the boy and Bannick, who met in a chat room on the Web site gay.com. The boy told police that he and Bannick engaged in oral and anal sex on 15 or more occasions. The relationship lasted until April or May 2006. Most of the occurrences happened on Wednesday evenings when the teen was supposed to be at church school.
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"I don't care how religious or nonreligious you are, you know Wednesday is church night. And church school is for junior high students," Connie Crowell, first assistant Kandiyohi County attorney, told the court before sentencing Friday in Kandiyohi County District Court.
Bannick claimed that the boy was 19, but police searches of the computers used by the boy showed no evidence that the boy misrepresented himself as older than he was, Crowell said. She went on to present photos of the boy to Mennis. "Those photos speak loudly, they scream 'this boy is 15,'" she said.
Crowell also read a statement from the boy's mother. "You have hurt my son, hurt him badly," she wrote, adding that Bannick's ultimate penalty will be carried out at a later day by a "much higher power."
Bannick's attorney, Brad Kluver, argued that no one forced the boy onto the Internet and that Bannick met the boy at the gay Web site's chat room. He also argued that the $1,500 fine was excessive because his client lost his job at Cub Foods and has not been able to find new employment.
Mennis allowed Bannick to do community service or be on work-release, if he meets the conditions set by the county jail.
