Glenwood man granted ‘stay of adjudication’ in felony case
News | Published on September 19, 2022 at 11:49am CDT
A stay of adjudication has been granted in the case of a Glenwood man charged with felony criminal sexual conduct in the third degree.
The sentence of Thomas Wayne Virkus, 20, was handed down on Sept. 1. A second third-degree charge against Virkus was dismissed.
A stay of adjudication is the most favorable type of sentence in Minnesota following a guilty plea or guilty verdict. With a stay of adjudication, the court does not place a conviction on the person’s record. Instead, adjudication is withheld on certain conditions which oftentimes require probation.
In July 2020, a then-13-year-old girl accused Virkus of sexually assaulting her while she was drunk on alcohol he provided, according to the statement of probable cause.
Virkus was 18 at the time of the alleged assault.
Virkus was sentenced to 30 days in the Douglas County Jail, with four days credit for time served. He will also be allowed work release as approved by the sheriff, and must pay a $300 fine.
He must remain law-abiding, have no contact with his alleged victim, complete outpatient sex offender treatment and follow any recommendations, and not possess or use any pornographic or sexually explicit material, among other conditions.
Virkus has been placed on supervised probation for five years, monitored by Douglas County Probation, it was stated. According to the warrant of commitment, Virkus can be moved to unsupervised probation at the discretion of his probation agent.
If Virkus successfully completes probation, his charge will be dismissed.