NEW ULM — A 70-year-old Sleepy Eye man was sentenced to 5 years in prison Monday for an amended count of felony 2nd-degree criminal sexual conduct with a victim under age 16 between March 31, 2009 and March 31, 2011.

Gary Allen Thoms pleaded guilty to the charge in Brown County District Court June 6. He was credited with 260 days served in the Brown County Jail. He will serve 10 years supervised probation after prison release and must register as a predatory offender. Restitution will remain open for 30 days.

A victim in the case attended the hearing on Zoom but did not make a statement in court.

Deputy Brown County Attorney Paul J. Gunderson explained the reason for the plea agreement was to avoid a jury trial.

“It’s a traumatizing event the victim will have to live with the rest of her life. There are other allegations that would come out in a jury trial,” Gunderson said.

Fifth Judicial District Assistant Public Defender Greg Handevidt said in talking with Thoms, he had “major remorse for all of this. He understands what a profound impact this has on his family.”

Handevidt said Thoms didn’t have clear memory of what happened involving the case from 2009 to 2011.

“He was going through very severe alcohol abuse and addiction. He admits to the allegations and has significant remorse about the pain he caused people,” said Handevidt.

Thoms said he would like to have more probation.

“I’d like to have a chance at probation to make myself feel good and prove to others that I can be out and about and act normal,” said Thoms.

Judge Robert Docherty denied a dispositional departure in the case, because he said there was no grounds for it.

Thoms’s granddaughter reported in Sept. 2023 that Thoms forced her to perform oral sex on him when she was between the ages of five and seven, according to court documents.

Sleepy Eye Police Investigator Shawn Bohnen talked with another alleged sexual assault victim on Oct. 25, 2023 at the Sleepy Eye Police Dept.

The victim said when she was about age 5, Thoms made her have sex with him in Sleepy Eye. The victim said the incident happened only once.

Sleepy Eye Police Chief Matt Andres and Investigator Bohnen went to Thoms’ residence on Oct. 30, 2023, arrested him and transported him to the Sleepy Eye Police Department.

An amended second count of 2nd-degree criminal sexual conduct was filed June 6, 2024 against Thoms.

According to a court memorandum, Thoms engaged in similar behavior with other children to whom he had access including an 11-year-old neighbor who babysat for his family in 1980 to 1981.

Thoms was accused of having sex with his 8-year-old niece between 1998 and 2000 and threatened to kill the girl’s brother if she told anyone. The niece reported the incident in 2005 when child protection officials got involved. The niece was placed in foster care and the incident did not result in criminal prosecution.

“There is clear and convincing evidence of (Thoms’) prior misconduct based on the statements of his nieces and ex-wife. The prior acts show Thoms’s common scheme of opportunistic sexual assaults of family members,” read the court memo.