'Monster' likely to spend rest of life in prison

"You say you are not a monster. You are wrong. You are."

Those were words the Honorable Mark Johnson had for Roger D. Stuckwisch in the Antelope County district courtroom last Wednesday morning, before he passed sentence on the former Tilden resident who was convicted of six crimes in a sexual assault case with victims as young as four years of age.

Stuckwisch was sentenced to the Nebraska Department of Corrections for not less than 30 years, nor more than 40 years on his conviction of first-degree sexual assault of a child, a Class 1B felony; not less than 15, nor more than 20 years for attempted first-degree sexual assault of a child, a Class 2 felony; and not less than one, nor more than two years on each of four counts of child abuse (sexual), Class 3A felonies. He was given credit for 270 days served in the county jail prior to sentencing.

Stuckwisch was convicted of the six counts after taking a plea deal. Charged in February with 12 counts of sexual assault of a child, five first degree and seven third degree, Stuckwisch was adjudged guilty by Johnson in August, after he pleaded no contest to subjecting six different children to sexual abuse between 2005 and 2016.

He was convicted of Count I, as charged, first-degree sexual assault of a child, a Class 1B felony; an amended Count II, criminal attempt, sexual assault of a child in the first degree, a Class 2 felony; and counts III, IV, V and VI, all amended to child abuse (sexual abuse), class 3A felonies.

In exchange for the no contest pleas, the remaining six counts were dismissed by county prosecutor Joseph Abler.

Abler also agreed to file no additional charges in the case but reserved the opportunity to make sentence recommendations.

According to Abler, had the case gone to trial, testimony would have been heard from six victims who were between the ages four and 12 years when the abuse took place while they were being cared for at Stuckwisch' residence, some abused as often as several times a week over as long as a four-year time span, - in the living room, kitchen, a bedroom or the garage of the Tilden residence.

Prior to sentencing, Johnson accepted and reviewed two documents as addendums to the presentence investigative report prepared by Nebraska Probation Office, one penned by the defendant and one by his court-appointed attorney.

The court also received a letter from the mother of one of the victims, who beseeched the judge to order the maximum sentences allowed by law, "ensuring that he will never again be free to hurt other children or cause any more pain to victims he has already created."

Quoting from that letter, Abler said, despite the defendant's denial, "There was a monster at that day care," referring to the in-home day care operated by Barbara Stuckwisch in the home she shared with the defendant.

Abler recommended a significant period of incarceration, "to the point these children won't have to worry about meeting him when they are walking down the street."

Public defender Pat Carney, referring to Stuckwisch by his first name, played up previous community contributions made by his client, although he added the actions "somewhat tarnished" those contributions. He asked the judge to offer the elderly Stuckwisch "some light at the end of the tunnel" so he could spend the last few years of his life outside incarceration, "striking a balance."

He asked the judge to consider Stuckwisch' status in the community, his age, health and the impact imprisonment would have on the convicted man's wife.

When given the opportunity to be heard, Stuckwicsh said, "I think Pat covered it."

While reviewing statutory sentencing guidelines with Stuckwisch, Johnson said unlike most others, these crimes continue to cause harm well beyond the criminal action perpetrated.

"Incarceration is the only choice," he said.

The judge paused several times during the review, saying, "Let me clarify," directing pointed remarks directly to Stuckwisch.

"You minimize your actions...you accused these victims of being aggressors...You should just accept that you are a monster... Don't ever think that you aren't...There are seven victims, all under the age of 12...Who knows how many more didn't come forward... Who knows how long this has taken place because you had not been caught until recently.

"If you went to trial, you think it's hard on your wife now, it would have been even harder on your family members. You did not get railroaded.

"You have scarred (the victims), possibly forever...They did nothing wrong. You were the one who did everything wrong...There is no blame on them, (it's) all on you."

He went on to address the economic effect the abuser's imprisonment will have on his wife.

"This is a tragic consequence, there is one more victim, your spouse, who you have left in the predicament she is in. That's what happens when criminals are finally caught," the judge said. "You should be ashamed of yourself."

If he loses none of his good time, Stuckwisch will be imprisoned 31 and one-half years, less the 270 days, before he is first eligible for parole and 34 years, less 270 days, before his mandatory release.

While it is unlikely the 79-year-old offender will outlive his sentence, Johnson also found Count I to be an aggravated offense that subjects him to lifetime registration and community supervision under the Sex Offender Registration Act, should he ever be released from custody. The aggravated classification may also subject him to a separate mental health evaluation prior to any release.

The judge also advised Stuckwisch he may be subject to separate civil proceedings.

Costs of $137 were waived. Stuckwisch was remanded to the custody of sheriff Robert Moore for execution of the sentence.