A Suttons Bay man this week was sentenced to state prison after being found guilty of criminal sex charges earlier this month.

William R. Tooley, 45, of 104 E. Adams St., was convicted in 13th Circuit Court on July 15 of criminal sexual conduct fourth degree by force or coercion and habitual offender third in a 1½-day jury trial. Judge Thomas G. Power on Monday sentenced Tooley to serve 32-48 months with the Michigan Department of Corrections, with credit for 80 days served. He was also ordered to pay $1,628 in fines and costs.

Prosecutors said the case involved Tooley grasping a 21-year-old Lake Ann man in an unwanted sexual manner during an incident that took place on the evening of April 6. The victim was staying at Tooley’s apartment during the week as the two men worked together at a Suttons Bay-area business. After the victim showered and changed into his “lounge” clothes, court documents stated he asked Tooley to crack his back. While the victim was standing, Tooley grasped him. When the victim asked to be released, Tooley declined until he was struck in the head by the younger man.

Tooley was previously convicted on Sept. 23, 2008 in 19th Circuit Court in Benzie County of fourth degree criminal sexual conduct and accosting a minor for immoral purposes. He had twice tried to inappropriately grab a 13-year-old boy when his family was visiting Tooley, and performed a sexual act on a 14-year-old boy, court documents showed. He was sentenced to serve five years on the Benzie County convictions, but was released after only serving two years.

During sentencing, Tooley declined to comment when asked by Power if he wanted to address the court. Tooley’s attorney, Wilson D. Brott, asked that Tooley receive no more than 16 months in prison. “He could use this time to go through some therapy, then when he gets out to rebuild the relationship with his children,” Brott said.

Assistant chief prosecutor Doug Donaldson urged the judge to exceed the sentencing guidelines that were compiled by probation officer Steve Brett. The guidelines called for 16-36 months in prison.

“One of my regrets is I couldn’t give the court more than four years to which you can sentence Mr. Tooley,” Donaldson said.

Power said based on the testimony he heard and information involving Tooley’s prior conviction in Benzie, he didn’t understand why more jail time wasn’t given in the 2008 case.

“I understand he was looking at 15 years in Benzie, but they only gave him two,” Power said.
“I agree. In my opinion, Benzie County dropped the ball,” Donaldson said.

Power said he took Tooley’s past into consideration in issuing the sentence.

“What is more unusual is his prior history. He has fixated on teenage and prepubescent boys. He has trouble controlling these urges,” Power said.

Tooley claimed during the trial there was a sporadic physical relationship between himself and the victim, and that he was being persecuted because he is gay. Power rejected the claim, and said he was more concerned about Tooley’s repeated offenses.

“While the victim in this case was 21 years old, (Tooley) was previously found guilty of fondling a 13-year-old boy. Fondling a 13-year-old boy is a crime,” Power said.
Power also acknowledged his sentence exceeded maximum guidelines.

“I believe the circumstances around this case are substantially compelling for me to exceed those guidelines,” he said.