SMETHPORT — A Rixford man who was convicted of sexually assaulting a young boy will serve 25 to 50 years in state prison.

William J. Tipton, 52, was convicted by a jury Aug. 28 of charges of indecent assault of a person less than 13 years old and corruption of minors.

“He scarred the victim for life,” said President Judge John Pavlock when talking about how “dangerous” Tipton is. “There are few defendants that I determine that somebody needs protected from more than this defendant.”

At this time, Tipton was standing by the side door of the courtroom with sheriff’s deputies, having left the side of his lawyer, Erika Mills; she remained standing in front of the courtroom before Pavlock.

Tipton walked had over there after giving a brief statement, calling the court “a bunch of bullshit.” Though he had not been sentenced yet, he began walking toward the door. The sheriff’s department was right there with him, and he stayed there until his sentencing hearing was over.

As Pavlock subsequently sentenced him, Tipton looked elsewhere in the courtroom away from the judge, tapping his leg. Pavlock then talked about Tipton’s post-sentence rights and asked Tipton if he had any questions.

Tipton made no response to the query, so Pavlock noted for the record, “He’s looking around into the courtroom, but he clearly heard me.”

The sentence is the mandatory minimum sentence sought by District Attorney Stephanie Vettenburg-Shaffer.

Shaffer said at the start of the hearing that it was her intention to seek the mandatory minimum, which is a provision in the sentencing code that, if the statute applies in the case, allows for a lengthier mandatory sentence based on the defendant’s history and current conviction.

The mandatory minimum allowable was higher — 25 years — because of a previous statutory rape conviction Tipton had in 1987, Shaffer alleged.

“My finding is it is applicable,” said Pavlock.

Mills objected to the finding for two reasons: first, when the provision went into effect compared to the time of the assaults; and second, she did not believe the 1987 statutory rape conviction counted as an offense that would increase the minimum.

Pennsylvania no longer has statutory rape as a charge. In her argument, Mills compared a statutory rape charge to Pennsylvania’s current charge of statutory sexual assault; Shaffer disagreed with the comparison.

One of the details in question was the age of the victim in the 1987 case; Mills first suggested the person was 15 or 16. However, Shaffer brought a certified copy of the conviction paperwork that indicates the victim was less than 14 years old.

Pavlock determined that Tipton was convicted of an offense similar to the current offense and ruled that the mandatory minimum is applicable.

Mills said she will continue her objection to the mandatory minimum by filing a post-sentence motion.

After Tipton walked away from Mills’ side, Pavlock said, “This is exactly the type of case that the 25-year minimum is applicable for.”

Pavlock described the demeanor of the victim — who is now a teen — during the trial. He said the victim appreciated that he felt safe to testify.

“The victim wanted someone to look out for his safety a long time ago,” Pavlock said.

Tipton was charged in 2017 for allegations that he and his wife, Julie Tipton, 37, sexually assaulted the youth when he was roughly 6 years old. Court records filed at the time stated that William Tipton would make the boy watch pornography, and then assault him.

Julie Tipton is facing similar charges for the allegations, but she has not been convicted of any. A trial for her is pending.

In addition to the lengthy prison term, William Tipton must register as a sex offender for life.

He is to have no contact with the victim or the victim’s immediate family, and he must undergo a mental health evaluation. He is not eligible for early release due to a previous aggravated assault conviction.

Tipton has no credit for time served because all the incarceration he has served since he was charged went to a firearm conviction earlier this year. He is serving five to 10 years in state prison for that case.