YAKIMA, Wash. — During a sentencing hearing for a man found guilty for a second time of failing to register as a sex offender, attorneys and the judge clarified the requirements involved in registering and keeping the information current.
But it also became clear to U.S. District Court Judge Stanley Bastian on Wednesday that Thomas Jim Shippentower has struggled for years with addiction to alcohol and drugs, which Shippentower admitted has led to bad decisions. During the sentencing, Bastian took the unusual step of continuing it to 8:30 a.m. Nov. 6 so defense attorney Paul Shelton could investigate treatment options for his client.
Assistant U.S. Attorney Ben Seal agreed to the continuance.
Shippentower, 40, was in U.S. District Court in Yakima for sentencing in two federal cases — failure to register as a sex offender and revocation of his supervised released due to five violations. He was charged in federal court because he is a citizen of the Yakama Nation and the crimes occurred within the boundaries of the Yakama reservation.
His status as a sex offender comes from his abuse of a minor in November 2006, just months after Congress enacted the Sex Offender Registration and Notification Act. Shippentower was indicted in June 2007 and pleaded guilty in 2008, according to court documents.
In custody since March 5, Shippentower has multiple convictions, noted the sentencing memorandum prepared by the U.S. Attorney’s office. Along with pleading guilty twice to failing to register as a sex offender, Shippentower violated several conditions of his supervised release over the past dozen years.
Among them was a February 2015 incident in which Shippentower left the halfway house in Spokane where he was living and was pulled over for driving while intoxicated. In that case he pleaded guilty to DUI and escape, Shelton’s sentencing memorandum said.
Prosecutors seek a 33-month sentence while Shelton requests that Shippentower serve 24 months. Bastian noted the 30- to 37-month range for sentencing, with a required minimum of five years of supervised release.
During the half-hour hearing Wednesday, Bastian asked Shippentower several questions. He noted that in this most recent case of failing to register as a sex offender — the first was in 2017 — Shippentower did initially register but didn’t update his address as required by federal law.
“The only reason you’re here is because you didn’t change your registration. You understand you have to keep your registration current?” he asked, to which Shippentower responded yes.
In mentioning federal prosecutors’ hope for a 33-month sentence, Seal noted that the first time Shippentower was convicted of failure to register as a sex offender, he was sentenced to 24 months in prison.
“Ninety-five times out of 100 I agree with what the government said, that progressive discipline sends a message,” Bastian said in acknowledging the longer sentence. That hasn’t worked for Shippentower, he said.
Though Shippentower has completed two substance abuse treatment programs, Shelton stressed in his sentencing memorandum the need for another.
“Without access to tools and assistance to address his addiction, Mr. Shippentower will almost certainly find himself before this court again in just a few short years,” he wrote.
After asking about Shelton about Shippentower’s plans to address his alcohol addiction, Bastian said he would continue the sentencing “to give you a chance to look into that, take some time to figure that out,” he said.