BENNINGTON, Vt. (AP) – A 45-year-old Bondville man who got married before his divorce became final received a five-year deferred sentence after pleading guilty to a felony bigamy charge.

David G. McCooey, 45, was also ordered to meet with the Community Reparative Board. In return for his plea, prosecutors dropped a felony false swearing charge.

“He knew what he was doing when he did it,” said Bennington County State’s Attorney William D. Wright. “He probably didn’t think there would be criminal consequences.”

McCooey married Kimberly Gove at the Second Congregational Church in Winhall on Aug. 18, 2001, according to police.

But he was still married at the time to Tauyna McCooey. Their divorce did not become final until Sept. 18.

McCooey told police that he had a hard time finding his first wife, who lived in Florida. When he did locate her, they finalized the divorce, police said.

About a week later, on Sept. 27, McCooey and Gove tied the knot again, this time in front of Justice of the Peace Wayne Bell.

McCooey told the Winhall town clerk at the time that he thought he had been divorced when he first wed Gove, but later found out he was not, police said.

Bigamy carries a maximum penalty of five years in jail. Wright said he believed a deferred sentence was appropriate in McCooey’s case.

If he abides by the terms of his probation for the next five years, the felony conviction will be wiped from his record.

In the past, McCooey has only had minor brushes with the law, including a 1975 conviction for taking a deer with antlers shorter than 3 inches.

Of the 27 bigamy convictions in state records, three have taken place since 2000. A Windham County defendant was given a one- to three-year jail term, all suspended. In Franklin County, a one-year deferred sentence was handed down.

“No one’s going to jail, unless maybe they get married again while on probation. I guess that would irritate someone,” said Max Schlueter, the director of the Vermont Crime Information Center.

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