In a lengthy session of the Tenth Judicial District Court before Judge Thomas Stockard, Robert Charles Schostag III appeared for sentencing on February 6 relating to charges of Child Abuse, not Causing Substantial Bodily Harm, classified as a Category B Felony.
Deputy District Attorney Chelsea Sanford informed the court of the alarming condition in which a 6-year-old victim arrived for the first day of school, including showing visible signs of distress. The child's appearance, marked by numerous bruises in various stages of healing, dried blood, and marks consistent with belt strikes, immediately raised concerns by the child’s teacher.
Sanford’s detailed account, which emphasized the gravity of the abuse, relayed the child’s account in which he said Schostag “was rough with him while he was dressing him” and that he “punched him on purpose” with a fist, grabbed him hard by the ears and said, “this doesn’t feel good.” Further, the child said he asked Schostag to stop, but he would not, and he hit him with a belt.
Sanford also highlighted discrepancies in Schostag’s statements regarding his disciplinary methods, initially denying and later admitting to spanking. Sanford said Schostag originally stated, “he does not spank the child or anything like that,” but later conceded he had done it in the past, but only as corporal punishment as appropriate, “because this 6-year-old is bad.”
The DA further corroborated the victim’s assertions of abuse by reporting on another child's testimony, who said they were hit on their bottom with a belt.
“This six-year-old boy was hurt; he was beaten with a belt by this defendant, a large young man,” said Sanford, who explained that the assessment concluded only Schostag’s children are at risk. “The state wants to protect even his own children from his behavior.” She asked the court to consider a significant prison sentence for Schostag.
Central to the case was the Psychological Risk Assessment by Dr. Sheri Hixon-Brenenstall, which concluded Schostag was not at high risk of reoffending, contingent upon maintaining certain stabilizing factors in his life. Charles Woodman, Esq., appointed defense counsel for Schostag, read portions of the risk assessment aloud, in which the defendant was apologetic, expressed regret, and took responsibility for his action. Schostag said he loved his child and was sorry for what he caused him, his fiancé, and other family members. He acknowledged what he did was wrong and recognized the seriousness of his current situation.
Woodman told the court, “My client has expressed regrets for what he's done” and has recently moved into stage four of Drug Court. According to Woodman, the victim said he ran into something on the playground, which explained some of the bruises. “All of the injuries to the victim were gone over with the mother, and she provided an explanation for almost all of the injuries,” said Woodman. “Obviously, not all of them. My client screwed up, and he acknowledges that he screwed up.”
Woodman reported that Schostag, currently employed as a maintenance worker in a thrift store, has made progress in drug court and is 27 months sober. Arguing for probation with a stiff underlying penalty, Woodman said, “If the court hangs a big hammer over my client’s head and he screws up, he's going to pay the penalty.” He concluded by asking the court to consider the professional opinion in the assessment and give his client a shot at probation to rebuild a better life.
Schostag addressed the court, “All my psychological counseling and seeing a psychiatrist was voluntary. It was not required of me by Drug Court. I asked for it.” He also started Strengthening Families counseling with his biological children. “I messed up. And I'll admit that. But I have started and have continued to move forward on everything that I am capable of doing to help prevent another mess-up.”
If granted probation, Schostag plans to continue living in Fallon, wants to continue Drug Court, plans to continue treatment, and desires to continue helping with the care of his children and to care for his ill grandmother.
Judge Stockard granted Schostag probation on a suspended 28-72 month prison sentence. Additionally, he must serve 220 days in Churchill County Jail, which he will be allowed to do on weekends. He must also obtain a substance abuse evaluation and follow the five recommendations set forth by Dr. Hixon-Brenenstall.
Schostag may not contact the victim unless unless approved by Parole & Probation.
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