If Ernest T. Gunter II was sentenced under today's laws, he would spend the rest of his life on parole; however, upon his release on Jan. 28, he will only be supervised for 5 years
CANANDAIGUA — A rapist is soon to go free after serving his 20-year sentence for the rape of a child, and will be in court next week for his sex offender registry hearing.
Ernest Gunter II, 38, will be in Ontario County Court next week as he nears his Jan. 28 release date. It’s a different world from 2002, when Gunter, then 20, was sentenced to 20 years in prison for the rape of a child from the time she was 3 until she was 7 years old. The rapes happened in multiple locations in Ontario and Steuben counties.
“As it sits now, he’s going to be deemed a level 2 sex offender," said Ontario County First Assistant District Attorney Jason MacBride. “We’re going to ask the court to assess additional points that the board of examiners did not consider so then he would be deemed a level 3 sex offender.”
According to MacBride due to changes in legislation since 2002, if Gunter committed the same crime today, he would likely serve the rest of his life on parole. The sentence handed down by Judge James Harvey in 2002 was the maximum allowable by law.
Gunter — who according to court documents was arrested by the Addison Police Department in conjunction with an investigation by the New York State Police — will serve five years of post-release supervision. If he violates the parole he will likely return to state prison for the remainder of his post-release supervision and be released only to maintain Sex Offender Registration Act (SORA) requirements.