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Child molester sentenced to 40 years
Kitsap County Superior Court Judge Anna Laurie sentenced convicted child molester Michal Xaviar of Port Orchard to 40 years in prison double the sentence recommended by the prosecuting attorney on Tuesday, Feb. 19.
Some of Xaviars crimes were committed in Bremerton.
In her sentencing pronouncement, Laurie listed several aggravating circumstances which she said made the exceptional sentence necessary.
She said Xaviar, 33, exhibited deliberate cruelty, violated a position of trust or authority, abused at least one particularly vulnerable victim a boy who previously had been molested by one of Xaviars friends and displayed a pattern of victimization by committing multiple crimes over a prolonged period of time.
Any one of these, said deputy prosecutor Claire Bradley, would be enough to justify the lengthy sentence.
This was an exceptional case, Bradley said. You dont get cases like this very often. This is a very prolific child molester.
Xaviar pleaded guilty to sexual exploitation of a minor, second-degree rape of a child, first-degree child molestation and first-degree rape of the child. Xaviar is believed to have committed these crimes between January 1998 and July 2001.
The standard sentencing range for first-degree child rape, the most serious charge, is 20-26.5 years. The prosecution recommended a sentence of 20 years as part of the plea agreement.
In exchange, Xaviar agreed to cooperate in further investigation of the molestations.
Three victims were named in the formal charging documents. Xavier was living at the residence of the first who came forward, a boy who was nine years old when the crime took place. Xavier was responsible for housework and child care in return for a break on his rent.
The boys mother had invited him into the Bremerton household after his roommate, Michael Charleton, was sent to prison on separate child molestation charges. Xaviar had been the best man at the mothers wedding, and she said she considered him a member of her extended family.
We put our ultimate trust in him, she said. He would give you the shirt off his back. But I look back on it now and it was all part of the grooming ritual.
Charleton pleaded guilty to two counts of first-degree child molestation in 1998 and was sentenced to six years in prison.
The mother of Xaviars victim said her oldest son also was approached by Xaviar, but managed to avoid being victimized.
He had an incredible infatuation with my son, she said. I think if my oldest son had not been as strong of character as he had been, he would have been (abused), too.
After the mother realized something was wrong and ordered Xaviar to stay away from her sons, she said he made at least two attempts to contact the younger boy including smuggling him an activated pager.
She said shes never seen any indication that Xavier feels remorse.
He doesnt get it, she said. He doesnt think hes done anything wrong.
The mother, her sons, Xaviar and Charleton all were involved in the local branch of the Society for Creative Anachronism, a medieval re-creation group. Both men have been banished from the group and forbidden to participate in future society activities.
The mother said she doesnt believe the SCA is responsible for what happened to her sons.
Xaviars wife, Ann-Marie, was sentenced in December to a year in jail for possession of pornography depicting a minor. By accepting a plea agreement, she avoided additional charges of sexual exploitation of a minor.
That really chaps my hide, because she had to know what was going on, and she was in a position to stop it, the victims mother said.
The womans ex-husband, who lives out of state, wrote a letter to the court asking for the most severe sentence possible.
Mr. Xaviar ... has destroyed my sons self-esteem, damaged our family beyond words and left his indelible mark on my life, the man wrote. He is a multi-victim, multi-offender who is motivated by lust and a perverse desire to injure and degrade his victims. ... This man does not deserve rehabilitation. He deserves punishment.
Xaviar will be required to complete a sex offender treatment program and register as a sex offender after he is released.