Concord man sentenced to 16 to 32 years for sexually assaulting child

By ALYSSA DANDREA

Monitor staff

Published: 07-23-2019 6:22 PM

A Concord man convicted of sexually assaulting a 7-year-old girl while he was on parole for domestic violence was sentenced Tuesday to 16 to 32 years in state prison.

Nickolas Micucci, 32, is eligible to have his minimum sentence reduced by five years if he successfully completes the sex offender treatment program, Merrimack County Judge Brian Tucker said. Micucci also faces an additional 10- to 20-year sentence, all suspended for 10 years on conditions of good behavior.

A jury found Micucci guilty of three counts of aggravated felonious sexual assault and one count each of felonious sexual assault and indecent exposure after a nearly-week-long trial in March. The girl, now 9, testified that she was repeatedly sexually assaulted by Micucci over a several-month period and that she was terrified to come forward as Micucci had told her to keep quiet.

Concord police arrested Micucci in December 2017, after the girl confided in her grandmother about the sexual abuse that began months earlier. The state’s Division for Children, Youth and Families was also notified as part of the investigation.

The girl’s grandmother addressed Micucci at his sentencing Tuesday, telling him the girl will overcome and not allow evil to conquer her. But her path forward remains a challenge – she isn’t able to concentrate in school, battles extreme anxiety and wrestles with horrible thoughts about tragedies that could befall her family.

“She’s afraid every night that bad men will come into her room and do the same things you did to her,” said the girl’s grandmother. “She hasn’t been able to sleep in her own room since January.”

The girl did not attend Tuesday’s sentencing; she told her grandmother that she was too afraid to return to the courtroom where she had testified against Micucci earlier this year.

Assistant Merrimack County Attorney Joe Cherniske said Micucci viewed the 7-year-old girl as an object and manipulated and abused her within weeks of being released from prison for domestic violence-related crimes to include attempted strangulation and assault. Cherniske asked Judge Tucker to sentence Micucci to 20 to 40 years, in addition to suspended time, for molesting the girl who he said should have the freedom to grow up without fear of seeing her abuser on the streets.

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He recalled how the girl brought her backpack and a blanket to the witness stand during the trial “to help her be brave.” She had been a child who loved coloring pictures, playing outside and being with her friends.

“The defendant took that innocent age and exploited it,” Cherniske said.

Several members of Micucci’s family attended Tuesday’s hearing and spoke of a man who they said always showed kindness to others. By showing their support for him in letters and in statements made to the court, they said they don’t believe he would ever harm a child and were dismayed by the jury’s verdict.

Defense attorney Charles Keefe recommended that Tucker impose a sentence of 15 to 30 years in contrast to county prosecutors’ request for 20 to 40.

“The allegations and ultimate convictions against Nick aren’t a reflection of the person whom they’ve known for their entire lives,” Keefe said.

Micucci’s father, mother and grandmother said Micucci has made his share of mistakes but that he’s a good person who always puts others first. They asked Tucker to impose a lenient sentence.

“Do we give a person an opportunity or do we just go by his past?” his grandmother asked. “Nick would never do this, and he’s looking to come home to his children.”

Micucci spoke only briefly Tuesday, saying he wanted to thank the court for its time and the people who spoke for their words on his behalf.

(Alyssa Dandrea can be reached at 369-3319 or adandrea@cmonitor.com.)]]>