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Man charged with sex with minor sentenced

McHugh also charged for driving under influence
By: Bridget Jones, Journal Staff Writer
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A man with a fairly lengthy criminal history who was charged with unlawful sex with an underage Auburn girl was sentenced to further time in the Placer County Jail. The Auburn Police Department arrested Sean Michael McHugh, 23, in early July for allegedly raping a minor. The arrest happened after DNA test results came back from a police report taken in February 2009. McHugh was originally charged with two felonies: forcible rape and rape by use of drugs. However, on Sept. 1 McHugh pleaded no contest to unlawful intercourse with a minor, a felony, and contributing to the delinquency of a minor, a misdemeanor. Along with being sentenced Wednesday for these two charges, McHugh was also sentenced for two charges in a second case: driving under the influence with a .08 or above blood-alcohol level, a misdemeanor, and obstructing or resisting a public officer, also a misdemeanor. Judge Larry Gaddis sentenced McHugh Wednesday to four years probation and 240 days in Placer County Jail. McHugh is ineligible for alternative sentencing that would allow him to serve his time outside the jail. Other terms of the sentencing are that McHugh can have no contact with the victim in the case, will be submitted to search and seizure if necessary, must enroll and complete a DUI school, can’t drive unless he is licensed and insured, must submit to alcohol testing and pay fines, restitution and attorney fees. Judge Gaddis also stated that McHugh can’t have any association with females under 18 unless supervised by an adult. McHugh’s last known Auburn address was on Racetrack Street, according to court documents. McHugh is also currently involved in a case where he is being charged with driving with a suspended or revoked license, as well as a family law case, according to court documents. The father of the victim, who the Journal will only identify as Robert, also made a statement about his daughter Wednesday, saying that she was only 14 when the alleged sex took place. “She actually ran away from my home to attend his party when this happened,” Robert said. “He took something from me he can never replace. He has ruined my daughter’s life.” Robert said he thinks the crime was premeditated and that McHugh used alcohol to carry it out. Robert addressed his concerns about these types of crimes to Gaddis. “What is our town coming to, Your Honor?” Robert asked. “Innocent families are being ripped apart by this.” After the incident, the victim was placed in a foster home, according to Robert. According to Prosecuting Attorney Todd Kuhnen, McHugh does not have to register as a sex offender. McHugh was involved in two other court cases in 2006 in which he allegedly unlawfully took and drove a 2003 Nissan Maxima, unlawfully took and drove a 2005 Honda and received a stolen Nikon camera, felonies. Misdemeanor charges included petty theft of a Sony Cybershot Camera and possession of marijuana, according to court documents. According to court documents, he was sentenced to 180 days in Placer County Jail, three years probation and restitution charges after pleading no contest to one felony and two misdemeanor charges from both cases. The sentencing included the possibility of McHugh’s probation being terminated if he completed 18 months of probation successfully, documents state. Judge Colleen Nichols terminated McHugh’s probation in August 2008. Defense Attorney Richard Kohl said Wednesday he was satisfied with the current sentencing. “I believe it was a reasonable resolution of the case,” Kohl said. Reach Bridget Jones at bridgetj@goldcountrymedia.com