TAWAS CITY – Two involved in a gang rape case that occurred in April 2018 in Whittemore have been sentenced to more than nine years, to 30 years in prison after taking plea deals.

The pair, who were handed sentences in late April, included Samuel Henry Walmsley, 60, Oscoda and Michael Martin Barnes, 54, Whittemore and are two members of five involved in the case.

Walmsley pleaded guilty to child abuse sexual activity, child abuse sexual activity-distributing or promoting material and child sexually abusive material. Dismissed were three charges of 1st-degree criminal sexual conduct (CSC), using a computer to commit a crime and a charge of committing a gross indecency between a male and female. He was sentenced with three concurrent sentences, with the longest being 118 months (his minimum amount of time in jail before being eligible for parole) to 30 years in prison, less credit for 297 days in jail.

He was also ordered to pay $1,704 in assessments and comply with the Michigan Sex Offender Registration Act.

Barnes pleaded guilty to two counts of child abuse sexual activity and a count of sexually abusive material. Dismissed where three 1st-degree CSC charges, as well as a charge of using a computer to commit a crime. He was sentenced to three concurrent sentences, with the longest being 118 months (his minimum amount of time in jail before being eligible for parole) to 30 years in prison, less credit for 297 days in jail.

He was also ordered to pay $1,704 in assessments and comply with the Michigan Sex Offender Registration Act.

Hale resident Brian Scott Thayer, 39, was one of the five involved in a case where five men gang raped a 17-year-old woman over the period of several hours last year. According to court officials he is scheduled to be sentenced in June after he was found guilty on two counts of 1st-degree CSC, a count of furnishing a cereal beverage to a minor, Captain Morgan rum, and a count of child sexually abusive activity in his trial. He is the only one of the five to opt for a jury trial. 

Thayer was found not guilty by the jury on one count of 1st-degree CSC and was found not guilty on a count of using computers to commit a crime and under sentencing guidelines could face life imprisonment.

Also involved and sentenced was Timothy Joseph Monschau, 60, of Turner, who was sentenced to time served for 213 days in the Iosco County jail after pleading no contest to 4th-degree CSC. A charge of 1st-degree CSC was dismissed.

Lastly, Gary Eugene Harrington, 21, was sentenced to 12 months in jail, less credit for 289 days served, with 77 days to be served, on the charge of 3rd-degree CSC.

According to the Michigan State Police, the incident occurred at Barnes’ Whittemore home on April 4, 2018. 

According to a report, the victim was plied with Captain Morgan rum and was blacked out at the time of the incidents, which were recorded on a cell phone camera. She told troopers that she could not recall any of the details that occurred that day, but was shown pictures from Walmsley’s cell phone.

The phone was seized for evidence in the investigation, and Walmsley allegedly admitted to troopers he used the phone to record the incident. 

Troopers say the video showed Thayer, Walmsley and Barnes committing sex acts on the victim. Thayer could be heard in the video encouraging the others to perform the sex acts on the victim.

According to troopers there were allegedly 126 photos taken of the victim, spanning nearly two hours, and the pictures also showed Harrington committing sexual acts on the victim.

Police say the same day Walmsley sent four text messages, with photos of the victim, to Barnes’ cell phone. 

During an interview by police, Walmsley admitted to the acts and he told police that Thayer brought the alcohol to Barnes’ home and the sex acts all took place in the same room with all the men. Police say cell phone images and recordings allegedly confirm this. 

Barnes, in an interview, admitted to the acts and that he took photos with his cell phone. Monschau, who participated in the acts, as well as Walmsley, Barnes and Thayer, can all be heard encouraging each other throughout the videos, troopers say.