Morenci man convicted of sexual assaults on 5-year-old daughter in 1997

ADRIAN — A Morenci man could spend the rest of his life in prison after being convicted Wednesday of sexually assaulting his daughter multiple times when she was 5 years old.

The assaults took place in 1997 at their home outside Morenci, according to testimony this week in Lenawee County Circuit Court. Gary Edward Shumate, 60, was charged after the assaults came to light while a case involving an alleged sexual assault in 2022 was working its way through the courts.

"He's got another 8-year-old victim in the 2022 case, so our investigator went back and did some research and found the other victims and got in contact with them and then we realized he hadn't been prosecuted for" assaulting his daughter, Lenawee County Prosecutor Jackie Wyse said.

Shumate was charged with four counts of first-degree criminal sexual conduct. There is no statute of limitations in Michigan law for that offense.

The penalty for each charge is up to life in prison, but the criminal sexual conduct law also allows for the possibility of consecutive sentences, Wyse said.

Shumate already was on the Michigan Sex Offender Registry for an assault on his daughter's friend in 1997. He pleaded guilty in 1998 to second-degree criminal sexual conduct assault. The original charge was first-degree criminal sexual conduct. He was first sentenced to serve one year in jail, then six months later was sentenced to 40 to 60 months in prison, according to online court records.

Jurors deliberated for about six hours over Tuesday and Wednesday before returning the guilty verdicts to the four counts against Shumate. On Wednesday, they asked to have the daughter's testimony read back to them. Instead, the recording of her testimony the day before was played for them in the courtroom. They returned with their verdict about two hours later.

Shumate's daughter, who is now 31, and her friend who was the victim in the original case offered tearful testimony about what Shumate did to them. The Daily Telegram is not naming the victims due to the nature of the offenses.

The women testified that when they were about 5 years old, Shumate had them play a "game" that the daughter compared to the Marco Polo game where a blindfolded person tries to find the other players. This version, however, ended up with Shumate forcing them to fondle him and perform oral sex on him.

The friend had not testified in court about this incident before. Because Shumate pleaded guilty in her case, there was no trial.

His daughter described at least three additional violent sexual assaults against her.

The daughter said her brother must have heard her screaming during one of the assaults and told their mother. Not long after, one day while Shumate was away from home they packed up their things and moved. She said they returned to get more of their belongings only to find Shumate's relatives burning their possessions outside the home.

There was an investigation done at the time by Child Protective Services and police, the daughter said. She recalled being interviewed and being asked about specific body parts that she was uncomfortable talking about.

"I just remember it seeming silly to me and uncomfortable," she said.

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When asked by Shumate's attorney, Jeffrey Bennett of Ypsilanti, about being interviewed by CPS, the daughter said at the time she didn't want to answer their questions.

Her mother didn't know the extent of what had happened until the daughter spoke with a Michigan State Police trooper at her home about six months ago, the daughter said.

She didn't know that a case could be brought against Shumate after all these years until she was approached by the prosecutor's office, she said, adding that she was concerned that Shumate could abuse another child.

Bennett asked her about statements she made about wanting to kill Shumate or wanting him to die in prison.

She said she said those things out of anger.

"I don't feel that would be justifiable for the things he's done," she said.

The assaults ruined her relationship with her father, she said while being questioned by Wyse. She said she now has a difficult time forming relationships and doesn't trust easily.

"It affected me in a major way," she said.

Shumate did not testify, and Bennett did not call any witnesses.

Lenawee County Circuit Judge Anna Marie Anzalone scheduled sentencing in this case and a pretrial hearing in the 2022 case for May 10. The sentence in this case could determine how the 2022 case proceeds, Wyse said.

— Contact reporter David Panian at dpanian@lenconnect.com or follow him on X, formerly Twitter: @lenaweepanian.

This article originally appeared on The Daily Telegram: Morenci man convicted of sexual assaults on daughter in 1997