A Douglas County judge on Tuesday sentenced a 46-year-old Edgerton man to serve 11.5 years in prison for molesting two girls, ages 5 and 6, east of Baldwin City in 2010.
District Judge Peggy Kittel followed terms of a plea agreement and spared Scott James Bivins a possible life sentence but still ordered him to be subject to lifetime supervision on parole, including electronic monitoring.
“I think this is a good outcome for you based on the evidence I’ve heard, so I hope that you take advantage of this opportunity,” Kittel told Bivins in court.
Bivins in August pleaded guilty to two counts of aggravated indecent liberties with a child, one for each victim.
The mother of the 6-year-old girl testified in April that she saw her daughter touching Bivins in the groin area in her family’s backyard last year. The 5-year-old girl is the daughter of the woman’s boyfriend, who knew Bivins.
Sheriff’s officers also testified that the two girls told them Bivins would molest them when he came to their house, which is east of Baldwin City in southeastern Douglas County.
But defense attorney Joseph Dioszeghy said the two sides reached the plea agreement based on a sex offender evaluation that revealed Bivins was sexually abused as a boy, which influenced his maturity and likely came into play in this case.
“He didn’t seem to prey on them,” Dioszeghy said. “It appeared that the bad acts occurred while in the process of having innocent fun.”
The defense attorney said the evaluator found Bivins was a moderate risk to re-offend but that he would be amenable to receiving treatment.
Amy McGowan, a chief assistant district attorney, said parents of the victims agreed with the plea agreement, mostly because the victims would not have to testify at a potential trial. Bivins has already spent 10 months in jail, and he could receive credit for about 20 months off his sentence for good behavior in prison.
“You can get this behind you and come out and be at a better place than you are now,” Kittel told Bivins, “so good luck to you.”
“I’ll do the best I can,” he said. “Thank you.”