FARMINGTON — A Weld man pleaded guilty Friday to two counts of unlawful sexual contact and four counts of allowing minors to possess or drink alcohol.

James Lundy, 46, was initially indicted on three felony charges of unlawful sexual contact and three misdemeanor charges of unlawful sexual contact. He was also indicted on four counts of misdemeanor furnishing liquor to minors under age 21.

Four counts of the sexual abuse, two felonies and two misdemeanors, were to be dismissed in a plea agreement. Justice Michaela Murphy delayed action on accepting the agreement Friday in Franklin County Superior Court.

Lundy is accused of inappropriately touching a girl under age 18. The incidents, according to the indictment list, were between Feb. 23, 2009, and Nov. 30, 2011. Lundy was arrested after an investigation by Franklin County Sheriff’s Detective David St. Laurent in March.

Lundy is also accused of providing liquor to at least three different underage people.

Assistant District Attorney James Andrews said that the victim would testify, if the case went to trial, that Lundy sometimes roughhoused with her and tickled her through her clothing on her breasts and other parts of her body.

St. Laurent interviewed Lundy after the complaint was made and Lundy admitted touching the girl on her breasts, buttocks and vaginal area through her clothing.

He denies any of it was for sexual gratification, Andrews said.

Lundy’s attorney Christopher Dilworth said his client admitted touching occurred but it was not sexual in nature.

The agreement called for a two-year deferred disposition on the felony count of unlawful sexual contact. During that period Lundy would be required to undergo sex offender evaluation and follow all treatment and other requirements. On the five other charges, he would be sentenced to 30 days to run concurrent with each other to be served in the Franklin County jail. He would also be required to pay a $1,000 fine.

Justice Murphy said she would not accept the agreement until Lundy committed to undergoing the sex offender evaluation and treatment. She said the girl has been through enough.

After a brief talk with his client, Dilworth said his client agreed to the conditions.

This is a case the state is proceeding with the plea agreement because of the uncertainty of what would happen at a trial, Andrews said.

The jury may believe the touching was just tickling, he said, if the state cannot prove the case beyond a reasonable doubt.

Dilworth said that Lundy was accepting the plea agreement because he could be convicted if the jury believed witnesses testimony in the case.

If the two-year deferred disposition went well, the felony charge would be dismissed, Andrews said. If it didn’t go well, it would be an open plea. A conviction on the felony is punishable by up to five years in prison.

Sexual Assault Victims Emergency Services advocate Bonnie Lisherness read a statement for the mother of the victim that asked the court not to accept the plea agreement.

After discussion with attorneys in chambers, Justice Murphy said she understood all the work done by both parties in the case. But she needs more information before she accepts the agreement.

She also wanted to hear from the victim that this is what really happened and it was nonsexual in intent.

Justice Murphy said statements made are conflicting.

She ordered an evaluation and a risk assessment be done on Lundy. She said she’ll talk to attorneys and hold a hearing on Dec. 21.

dperry@sunjournal.com

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