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Hackensack man sentenced on two sex crimes, one involving a toddler

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Cass County Attorney Christopher J. Strandlie reports that on Dec. 12, 2011, Arthur Austin-Ellis Evans, 36, of Hackensack was sentenced for two crimes of Criminal Sexual Conduct in the First Degree, for sexually assaulting two minor females while babysitting them. Judge Smith sentenced the defendant to serve 12 years in prison on each offense, with those sentences to be served consecutively (a total of 24 years). Evans received credit against the first sentence for the 306 days he has been in custody since the crimes were reported.

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Evans pled guilty to the two offenses on Oct. 17, 2011, pursuant to a plea agreement whereby he would not be prosecuted for other State and Federal offenses uncovered during the investigation. Evans was sentenced in one file for sexually assaulting a 13-year-old victim after injecting her with sleeping drugs he stole from his employer. Evans was sentenced in the other file for sexually assaulting a toddler aged 1 year and 10 months. Evans videotaped himself sexually penetrating the toddler.

Under State law, the judge must make a preliminary determination of whether it would be appropriate, following a prison term, for a sex offender to be civilly committed as a sexually dangerous person/sexual psychopathic personality. After reviewing the presentence investigation report and the psychosexual offender evaluation in this case, Judge Smith made a preliminary finding that it would be appropriate for Evans to be petitioned for civil commitment upon his completion of his prison sentence.

In addition to serving the prison term, and being subject to civil commitment, Evans is also subject to lifetime conditional release (what was formerly called "parole"). Therefore, if Evans is released into the community after prison, rather than being civilly committed, he will need to comply with all imposed release conditions. If he fails to comply with any conditions of his release from prison, he could again be returned to prison for any time period deemed appropriate, up to the statutory maximum of 30 years. Evans is also required to register as a predatory offender for the rest of his life.

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