Jimmy went to trial twice on the charges. In September 2005, a Homer jury failed to reach a verdict after deliberating for more than six hours. A second Homer jury in August 2006 found Jimmy guilty of two counts for a sexual assault that happened in July 2003.

Jimmy was accused of fondling a 16-year-girl in Nanwalek while she slept at a friend's home. When she woke up and tried to pull away from him, cross her legs and cover herself with a blanket, Jimmy continued to fondle her. Jimmy was alleged to have been drunk during the assault.

At his sentencing, Jimmy, an Alaska Native, said he had not been granted his rights at a preliminary hearing or during a grand jury investigation.

"I feel a good many of my rights have been violated," he said. "I feel I've been treated with discrimination," he added.

Jimmy's victim also is an Alaska Native, said Kenai District Attorney June Stein.

"You're not the victim here," Huguelet said. "You digitally penetrated a teenage girl who didn't ask for it and didn't want it."

Jimmy's lawyer, Kenai attorney Mark Osterman, said the incident should have been only one charge, saying the assault was a single act and not two separate criminal actions.

Stein said the jury found the assault was two incidents: what happened when the victim was asleep and what happened after she woke up. The first-degree sexual assault charge was for having sex without the girl's consent, while the second-degree sexual assault charge was for having sex with her while she was asleep.

Huguelet agreed with Stein.

Osterman also said the pre-sentencing report included information not admitted at trial and that it was full of innuendo and editorial comment.

"We're not talking about a heinous criminal. We're talking about a father who has a wife and children and is respected in the village," Osterman said. "Everything (in the report) seems to pigeon-hole him into the ‘drunk Native' category."

Osterman challenged the pre-sentencing report because it could be asking for harsher sentencing based on aggravating factors.

Huguelet said there were no aggravating factors to consider.

"I'm not going to be adding points to the presumptive (sentence)," he said.

Stein asked for a longer overall sentence with more years suspended and a longer probation, but for the same net amount of years to be served in prison.

Osterman asked for mercy from the court, saying that Jimmy had no prior criminal history and had a good chance at rehabilitation.

"We have a single incident of a person who was highly intoxicated," he said. "That is now going to define the rest of his life."

Huguelet agreed with Osterman's argument. He said he gave a lesser sentence than he usually would for a similar case, citing Jimmy's position in the community as well as his lack of criminal history.

"These are severe offenses. I think the punishment is warranted," Huguelet said.

Jimmy apologized for his action.

"If I have committed this crime, then truly I am sorry. I am willing to serve my time if I committed this crime," he said.

Jimmy's victim did not attend the hearing or make a statement. Sgt. Tom Dunn, the Alaska State Trooper who investigated the assault, attended the hearing, as did a friend of Jimmy and his family.

Huguelet also set some conditions of probation, including providing a genetic sample, registering as a sex offender for the rest of his life, not using alcohol or illegal drugs, completing sex offender and substance abuse treatment programs, not living in a house with women under age 18 other than family and not to use a computer with Web access without the permission of his probation officer.