COLUMBUS, Neb. – A Creston man convicted of a serious felony, who also has an aggressive form of cancer, was given a varying stint in prison on Friday.
43-year-old Michael Kurpgeweit was sentenced to one to 10 years in prison after being convicted of attempted first-degree sexual assault earlier this year.
Kurpgeweit was accused of sexually assaulting a girl 10-11 times in a four year span, beginning when she was nine years old. He was first charged with three felonies, including two counts of first-degree sexual assault before reaching a plea deal.
Kurpgeweit’s attorney John Kohl cited his cancer diagnosis as a reason for probation, citing visits to hospitals in Omaha and Minnesota, that he would not have access to in prison.
“Seriousness of a disease is a mitigating factor,” says Kohl.
Kurpgeweit took responsibility for his actions before asking for leniency.
“I will not disappoint the court if you put me on probation,” says Kurpgeweit.
Judge Robert Steinke considered the disease and said he wrestled with the case.
“This case is extremely difficult for me.”
After all, Steinke said he could not look past the seriousness of Kurpgeweit’s crimes and he questioned his Kurpgeweit’s remorsefulness after Kurpgeweit denied his crimes and blamed the victim during the pre-sentence investigation.
Kurpgeweit could get out of prison on the minimum sentence if his condition worsens.
With Nebraska Good Time laws, Kurpgeweit could be out of prison in six months, and leave prison in a max of five years, if he does not lose Good Time.
He is credited with seven days served.