Traverse City Record-Eagle

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November 30, 2010

Ex-bailiff pleads; sex charges dismissed

BEULAH — A plea to a lesser crime allowed a former Benzie County corrections officer to avoid a possible sexual assault conviction.

Richard Lee Zych, 53, pleaded guilty Monday in Benzie District Court to a count of aggravated assault, a misdemeanor punishable by up to one year in jail and/or $1,000.

Prosecutors charged Zych in April with three counts of fourth-degree criminal sexual conduct, but those charges were dismissed as part of his guilty plea. Zych will not have to register with the state as a sex offender.

His sentencing is set for Dec. 20 in Traverse City. The pre-sentence investigation will be handled in Grand Traverse County because of Zych's former status as a Benzie County employee.

Zych was a court bailiff who worked for the Benzie County Sheriff's Department since 1997. Sheriff Rory Heckman fired Zych in June after police said he "engaged in non-consensual sexual contact" with a woman he knew "by using force and coercion" on three occasions.

Zych admitted during the plea that the woman didn't grant consent during the second of three alleged sexual encounters that occurred between May and November 2009. Zych, on duty and in uniform during the second incident, stopped the woman in her vehicle and sexually assaulted her in August 2009.

As part of the plea deal, Zych also is required to "provide a factual basis for the greater charge of criminal sexual conduct in the fourth degree," even though the charges were dismissed.

The Police Officers Association of Michigan represents Zych and wants the department to reinstate him to full-time employment status and compensate him for lost wages. An arbitration hearing is set for February.

Heckman believes the guilty plea will make it difficult for Zych during arbitration.

"I think he's got an uphill battle here," he said. "This guy chose to step outside the boundaries. It's unfortunate; he made some very poor choices."

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