Emily Havens

ehavens@thespectrum.com

A 5th District Court judge handed down a harsher sentence than recommended for a St. George man who admitted to befriending a male teenager in his LDS ward and sexually abusing him.

Kim Charles Nelson, 70, pleaded guilty to two counts of unlawful sexual activity with a minor — who was 16 and 17 years old at the time — in March, but Judge G. Michael Westfall said it's apparent the crimes occurred more than twice. Westfall ordered Nelson to serve up to five years in Utah State Prison on both charges, which will run concurrently with one another.

In addition, Nelson is ordered to pay a restitution amount that has yet to be determined; however, Deputy County Attorney Zachary Weiland recommended Nelson pay $5,000 for up-front fees the victim will need to obtain counseling.

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Adult Probation and Parole recommended Nelson serve 120 days in the Washington County Jail and carry out terms of a probation, which is technically an appropriate sentence for an individual with no prior criminal history, defense attorney Douglas Terry said.

But based on admissions from the victim as well as Nelson, Westfall said he was "extremely troubled" by the fact that Nelson took advantage of the Church of Jesus Christ of Latter-day Saints' encouragement of mentoring relationships between young and older men.

"It's not uncommon for older gentlemen to mentor younger gentlemen through the scouting program, through the priesthood organizations, and there’s a lot of trust in that mentoring program," Westfall said. "We’re dealing with a situation where the religious organization to which this young man tried to develop some community with by going on a mission ... I’m very troubled by the fact that Mr. Nelson took advantage of that and victimized this young boy ... It's really pathetic. I don't think 120 days even comes close in this case."

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Weiland said Nelson disclosed details of the abuse he was inflicting on the victim to LDS ecclesiastical leaders, and the issue went through the LDS disciplinary council.

"They did nothing," Weiland said. "And nothing was done for the victim."

According to court documents and Weiland's opening statements on the victim's behalf, Nelson met the victim while he was on his way home from Desert Hills Middle School. Weiland said the victim's father has never been in his life and he lost his mother at a young age.

The victim was also considered homeless and has been in and out of the Switchpoint Community Resource Center.

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"He had nobody," Weiland said. "He asked a grown man, 'Will you be my friend?' That's how they met."

The victim has since tried to commit suicide multiple times, Weiland said.

Nelson admitted to giving the victim alcohol and watching pornography with him when they were together, and Weiland said the two eventually engaged in "hand jobs" and oral sex on numerous occasions.

The victim attempted an LDS mission after the abuse had taken place, but Weiland said because the lifestyle didn't coincide with what he was taught by Nelson, he "had a breakdown" and started drinking again and was sent home from the mission early.

"(The victim) is a shell of the man he could be," Weiland said. "He is serving a life sentence ... The defendant groomed him and sexually abused him, and now he considers himself worthless."

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In court, Nelson apologized for the crimes.

"I'm just ready to have this over with," Nelson said.

Westfall countered with the fact that it will likely never be over for the victim in the case.

Terry said he believes a person can be a good person, do terrible things, and not be a terrible person overall. Those who are close with Nelson would say the behavior he shared with the victim is inconsistent with his core beliefs, Terry said, and that Nelson wanted to be a father figure to the victim.

"Well he puts on a good facade and image to other people that doesn't reflect who he really is," Westfall said.

The hearing ended in Nelson being handcuffed

"My client takes full responsibility for whatever happened between the two of them," Terry said.

Follow reporter Emily Havens on Twitter, @EmilyJHavens, and find her on Facebook at facebook.com/emilyjhavens. Call her at 435-674-6214.