2 weeks Ago
A Butte man broke down crying in court Thursday after admitting he raped two young girls and filmed some of the sexual assaults as they occurred. Theodore Allen Cherry III, 35, admitted specific sex acts and pleaded guilty to two counts of incest, two counts of sexual abuse of children for filming assaults and one count of sexual abuse of children for having child pornography. Theodore Allen Cherry III cries after his hearing with District Judge Robert Whelan on Thursday, April 24, 2025, at the Butte-Silver Bow Courthouse.
Before his pleas, District Judge Robert Whelan told Cherry each of the five charges is punishable by up to 100 years in prison with no possibility of parole for the first 25 years. “You understand that?” Whelan asked Cherry, who was sitting next to his public defender, Walter Hennessey. “Yes your honor,” Cherry said.
He looked down throughout most of the 12-minute hearing, weeping slightly and softly at first but crying openly at the end, prompting a police officer to bring him a box of tissues. A minute later, he was escorted back to jail. Whelan accepted the pleas, ordered a presentence investigation and tentatively set sentencing for June12.
Cherry previously pleaded not guilty to 20 felony counts. Many of the allegations were consolidated into five counts and Cherry’s guilty pleas were part of a pre-trial agreement signed by him, Hennessey and lead prosecutor Angie Rolando. Theodore Allen Cherry III enters District Judge Robert Whelan's courtroom for a hearing on Thursday, April 24, 2025, at the Butte-Silver Bow Courthouse.
They did not agree on a recommended sentence but Rolando will be seeking 100 years in prison with none of them suspended. Cherry can argue for a lesser sentence. Whelan is not bound by the plea deal and can impose any sentence allowed under Montana law.
Cherry was arrested and charged in August with five counts of incest and four counts of sexual abuse of children for the alleged rapes and filming some of the sex acts. He was later charged with two counts of assault on a minor for allegedly striking two girls with arrows, and in March, Rolando filed nine additional counts of sexual abuse of children. Those were all tied to videos and images allegedly found on Cherry’s iPhone following further investigation of his case.
Cherry did not know any of the children related to the new charges — those videos and photos he allegedly downloaded. Some showed lurid sex acts and rapes of children, prosecutors say. As part of the plea deal, Rolando is dropping the two assault on a minor counts and one of the nine child-porn charges.
Theodore Allen Cherry III responds to questioning from District Judge Robert Whelan on Thursday, April 24, 2025, at the Butte-Silver Bow Courthouse. Rolando says Cherry’s wife, 35-year-old Meggan L. Cherry, knew her husband was sexually assaulting the young girls and did nothing about it, even telling one not to tell authorities what was going on.
So Meggan Cherry was arrested on Nov. 21 and charged with three counts of incest by accountability, each punishable by up to life in prison with no possibility of parole for the first 25 years. She’s in jail with bail set at $750,000, an amount a judge declined to lower despite requests by her defense counsel.
Prosecutors say she admitted to police that she’d been prostituting, at times in her house when her children were home. Meggan Cherry later filed for divorce, which Whelan granted earlier this month. During Thursday’s hearing, Theodore Cherry had to admit to the specific acts he committed.
Hennessey read them off one by one, asking his client if he admitted it. Each time, Cherry responded by saying “yeah” with a slight gasp, as if he was out of air. As the hearing was concluding, he hung his head, covered his face with his hands momentarily and cried openly.
An officer soon interrupted and led him out of the courtroom. If you or someone you know are a victim of sexual violence, RAINN (Rape, Abuse & Incest National Network) is available to help. Call the National Sexual Assault Hotline at 800-656-4673 or chat online at online.
rainn.org . RAINN is the nation’s largest anti-sexual violence organization, working in partnership with more than 1,000 local service providers.
Online: rainn.org . Mike Smith is a reporter at the Montana Standard with an emphasis on government and politics.
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