Serial flasher gets the maximum

KINGMAN ­ A Golden Valley man was sentenced Wednesday to six years in prison for two counts of indecent exposure and for violating his probation, the maximum possible sentencing under his plea agreement.

Marcus D. Payne pleaded guilty to violating his probation and committing the two new acts of indecent exposure on Sept. 15. He had been accused of exposing his genitals to two 14-year-old girls in April in the children's section of a local bookstore. At the time, he had been on probation for another charge of indecent exposure involving two other victims under the age of 15.

At the sentencing hearing, the mothers of all of the victims spoke out, urging Superior Court Judge Steven F. Conn to impose the maximum sentence allowed. Both mothers in the current case addressed their feelings that Payne is a menace to society.

They referenced his history that includes 10 convictions over the past 25 years. They said he obviously has not gotten the help that he needed and has little regard for the restraints of probation.

The mother of the girls in the case for which Payne had been serving probation commented on Payne's apology that he made in this case. She said he showed no remorse and made no apology in the case regarding her daughters. She said she thought he was only apologizing to avoid a prison sentence.

She said she believed that he would be best able to get the help he needed while behind bars.

One of the recent victim's fathers also spoke out. He also urged Conn to impose the maximum possible sentence allowed by law. He said that Payne was a danger because he went into one of the busiest family places in town and even went to the children's section, which most people would think was safe.

The other victim's grandfather spoke, saying that he prayed for Payne. He said, "I think, from what I heard, society and the system have failed this man." He also said Payne needs help and the only way he will get that is if he is removed from society.

He emphasized that he did not hate Payne, but he prayed for him and would continue to pray for him, no matter how long he was incarcerated.

One of the victims also spoke, explaining how Payne's offense affected her. She said she did not want to have to be afraid that she would see him when she went out. She also said she did not want other girls to have to fear seeing him around.

Payne's attorney, Eric Beiningen from the Mohave County Legal Defenders Office, asked the court to put Payne on intensive probation (essentially house arrest), allowing him to go to work and to counseling and that's it. He said he thought Payne would be better able to receive the psychological treatment he needed outside of prison.

Given the extensive criminal background and the inability of prior convictions and probation to stop Payne from entering public places where families are and exposing himself, Conn said he had to impose a stiff sentence. Conn also used as an aggravating factor the emotional impact the offense has had on the victims and their families.

Each of the three offenses received a two-year sentence to run consecutively.