A former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child avoided prison time but will spend five years on sex offender intensive supervised probation, an El Paso County judge ruled Tuesday.

David McConkie, the former president of the Colorado Springs East Stake within The Church of Jesus Christ of Latter-day Saints, appeared calm, but emotional at times, during his sentencing hearing. McConkie now resides in Utah.

McConkie, 47, entered a plea agreement in April and pleaded guilty to one count of criminal attempt to commit sexual assault on a child, a class five felony, with the remaining charges to be dismissed.

Former deputy district attorney accused of sexual assault confessed an inappropriate act to a church leader

According to his arrest affidavit, McConkie admitted to an inappropriate sexual act with a child to a church leader in 2008. One victim, now an adult, reported abuse spanning several years amid concerns that he was abusing another young child based on the child’s behavior.

The victim, whose name The Gazette is choosing not to publish, gave an impact statement ahead of sentencing, appearing via Webex rather than in person. The victim addressed McConkie directly during the statement.

“I have waited many years to voice these things to you,” the victim said. “You took advantage of me and I was too young to understand it.”

The victim wrapped up the statement by saying they hope McConkie changes and shows up as a completely different person when his probation ends.

As part of the plea agreement, McConkie could have spent up to 90 days in jail, but Judge Erin Sokol decided against incarceration. Prosecutors said the victim was indifferent to jail time and wanted to leave it up to the courts.

The prosecution argued for a jail sentence but did not specify how many days they thought was suitable. Senior Deputy District Attorney Kelson Castain criticized the language McConkie used in the plea agreements when admitting his guilt, saying it undercut the victim’s pain.

In the plea agreement, McConkie wrote, “I could have removed my hand sooner,” when referring to the 2014 assault involving a 10- to 11-year-old child. Castain said McConkie’s language makes it seem like the assault was an “accident.”

The defense only called one character witness to the stand Tuesday, but several others submitted letters to the judge.

Cindy Chevalier, who has supervised McConkie’s court-permitted visitations with his children since December 2023, said she has seen a change in him throughout this case.

Chevalier said both parents have been able to co-parent despite the divorce and the children are “no longer geared by fear.” When she first met McConkie, she described him as strict and controlling but he has now “let his hair down basically,” which has helped him grow his relationships with his children.

Defense attorney M. Colin Bresee requested no jail time, arguing McConkie is taking full responsibility for his actions.

McConkie gave a statement ahead of sentencing as well, appearing emotional from behind the stand.

“We don’t get redos in life, but if we did, I could certainly go back and change my offense,” McConkie said. “I have replayed the events that bring us to court. It has been a daily, all-consuming anxiety and realization.”

“I only pray that healing and redemption and charity will come abundantly to (the victim), who is a remarkably good person,” McConkie said.

The former district attorney ended his statement by saying, “there are no words, I am so so sorry.”

McConkie was a deputy district attorney for the 4th Judicial District from 2008-2011 and went into private practice as a partner in a Colorado Springs law firm. Sokol made note of his previous career.

“It’s the hypocrisy that is difficult for me to swallow,” Sokol said.

Sokol had the opportunity to deny the plea agreement, which she called “tremendously favorable” to McConkie, but did not.

Sokol said McConkie will not see jail time, in part, because he is unemployed and his law license has been revoked. With five children, Sokol encouraged McConkie to make an effort to find a new career that would support them.

“This was a hard thing for me to decide,” Sokol said.

McConkie must now register as a sex offender and cannot make contact with any individuals under the age of 18. Sokol said supervised parenting time can continue. No restitution was ordered and McConkie is allowed to serve his probation sentence in Utah.

It was a packed courtroom Tuesday. After the hearing, around a dozen trickled out into the hallway to speak with the defense attorney.

The Gazette reached out to Colorado Springs East Stake, where McConkie served as president from 2016-2021, for a statement on the sentencing Tuesday but did not receive a response.