Carnival worker violates probation on rape, resentenced
A former New Jersey man lost his probation, just weeks after being sentenced, for having sex with an underaged Havre girl, and will spend much of the next four years in state custody.
Joshua Nessederine, born in 1989, pleaded guilty in a plea agreement March 1 to having sex several times July 18, 2011, with a 15-year-old Havre girl he previously met at the Havre restaurant where she worked while he was in the area working at the carnival at the Blaine County Fair.
The girl told law enforcement that she and some friends had gone to a movie with Nessederine, then drank alcohol, which Nessederine purchased, at one of their houses.
He later came into the room where she had intended to sleep and forced her to have sex with him, the girl told the officers.
April 16, Judge Dan Boucher imposed a five-year sentence, all suspended. Boucher said the results of the psychosexual evaluation and the presentence investigation, with the agreement of the defense and prosecution, indicated Nessederine was a likely candidate for community supervision.
By June 4, the Hill County Attorney's Office filed a petition to revoke the suspended sentence, charging Nessederine with multiple violations of his probation including consuming alcohol, entering casinos, gambling, hiding prescription medication in his residence and being charged in Havre City Court with three counts of contempt and with partner or family member assault and violation of a protective order.
At first Nessederine denied committing any violations, then later admitted to 11. Judge Boucher found the state proved additional violations and ruled that the state had failed to prove one, that Nessederine had not sought employment.
Boucher revoked the suspended sentence and sentenced Nessederine to five years with the Montana Department of Corrections, with one year suspended, and recommended he be placed in a treatment program. He credited Nessederine with 181 days served, and ordered the sentence to run at the same time as the Havre City Court sentences for the misdemeanors, to which Nessederine pleaded guilty.
In imposing the sentence, Boucher said Nessederine had taken steps to flaunt the rules and that it is a serious matter.