Gustafson sentenced to nearly 33 years

Published 12:00 am Wednesday, November 26, 2014

Gustafson

The former owner of Bend’s Acrovision Sports Center, convicted this month of abusing students at the gym, was sentenced Tuesday to nearly 33 years in prison.

Richard Gustafson, 49, of Bend, stood next to his attorney as Deschutes County Circuit Judge Wells Ashby delivered the sentence after hearing statements from the defense and the prosecution.

Gustafson was found guilty Nov. 7 on 11 counts of first-degree sexual abuse, 20 counts of encouraging child sexual abuse and one count of possession of cocaine. He has been in county custody since his conviction.

Gustafson faces 393 months in state prison for the convictions. Ashby sentenced him to 375 months in prison for the 11 counts of first-degree sexual abuse and to 18 months for 20 counts of encouraging child sexual abuse. The judge also assigned Gustafson six months for the cocaine conviction concurrent to the time served.

Gustafson was arrested Jan. 8 on suspicion of abusing two girls at a New Year’s Eve sleepover at Acrovision. Further allegations of abuse emerged in the subsequent months.

In total, five girls, each 8 to 10 years old at the time of the abuse, reported being touched inappropriately by Gustafson. Each victim testified in the five-day bench trial, which also included testimony from forensic experts, relatives of the victims and friends and relatives of Gustafson. During the investigation, Bend Police detectives found instances of child pornography on computers belonging to Gustafson, which accounted for the counts of encouraging child sexual abuse.

“Adults have a duty to children and to all children, and that’s to protect those kids,” said Ashby before reading the sentence. “The consequences of not doing that are so far-reaching and tragic.”

Ashby noted that the victims in this case had a long road of recovery ahead. Gustafson was ordered to pay $2,000 in compensation to each of the victims to cover counseling costs. Some of the children, said Chief Deputy District Attorney Mary Anderson, have begun therapy.

The state requested 555 months of prison time. Anderson urged the court to understand the “impact of testimony” on the young victims, who had to attend grand jury and trial preparation and testify after undergoing interviews with child abuse specialists.

During statements before sentencing, Gustafson’s attorney, John Kolego, pointed to his client’s lack of criminal history and the positive experiences of “thousands of children” who attended Acrovision.

“He developed an addiction to child pornography, and he ended up acting out on that,” said Kolego, who also said there was no “minimizing” the abuse or its effect on the child victims, but that Gustafson lacked “vindictiveness.”

“His life is going to be a nightmare,” said Kolego of Gustafson’s pending prison time, noting that Gustafson also lost his wife and 12-year-old son and that the former coach was “salvageable” for rehabilitation.

A friend of Gustafson’s, Cornelius Peoples, gave a statement in court. “I implore you to recognize that none of us is perfect,” Peoples told the judge. The father of one of the victims also spoke at the sentencing.

Kolego said after sentencing, “It’s a tragic situation for everyone involved. … Truly tragic for the children and for Mr. Gustafson.”

Kolego said Gustafson would “certainly” appeal; Gustafson has 30 days to file an appeal, Ashby said.

“It was a very fair and appropriate sentence,” said Anderson after the sentencing. She said the court took into consideration “recognition of individual victims and their needs” and encouraged adults to empower children to speak up in abusive situations.

About seven detectives from the Bend Police Department investigated the case, said Bend Police Lt. Bryan Kindle after sentencing. Detective Tommy Russell, who testified during the trial, led the investigation. “That’s what he lived and breathed,” said Kindle.

Gustafson is an alleged victim in another case pending in Deschutes County.

Deschutes County Sheriff’s Capt. Shane Nelson said Tuesday that Gustafson was involved in an altercation at the county jail Nov. 13. Luis Gonzales is a suspect in the incident, which is being investigated by sheriff’s deputies. Nelson said.

Gonzales, 49, faces charges of third-degree assault, third-degree robbery and coercion and must have no contact with Gustafson, according to the Oregon Judicial Information Network. Gonzales was arraigned Monday in Deschutes County Circuit Court and is scheduled to be arraigned on indictment Monday.

Ashby said he would leave up to the Deschutes County sheriff the request for Gustafson to be transported after Monday from the Deschutes County jail to a state prison facility.

— Reporter: 541-383-0376,

cwithycombe@bendbulletin.com

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