Bismarck man facing life for child sex crimes gets a year behind bars

An 87-year-old Bismarck man facing a potential life sentence for sexually abusing girls was sentenced Monday to serve a year in prison and five years of supervised probation.

South Central District Judge Daniel Borgen also ordered Gary Kline to participate in community treatment while on probation. Kline was given credit for two days he has already served, and ordered to register as a sex offender. If he gets into trouble while on probation, he could be subject to 20 years in prison on the Class AA felony charge. Kline earlier this month pleaded guilty to two counts, without the benefit of a plea agreement with prosecutors.

The charges brought against Kline each carry a maximum sentence of life in prison without the possibility of parole, but during Monday's hearing, Burleigh County State's Attorney Julie Lawyer recommended a more lenient sentence, which was adopted by Borgen.

Defense attorney Chad McCabe recommended Kline serve a probationary sentence and be allowed to undergo sex offender treatment within the community.

Borgen, who reviewed a total of 14 separate factors required in determining a potential sentence, noted "a year or two with an 87-year-old may be a more significant sentence than five years to a 30-year-old."

Another factor that was considered in determining Kline's sentence was his age, Borgen said. A mortality table used by the court system estimates a white male age 85-87 has a life expectancy of 5.7 years.

Borgen stated that he has never sentenced a defendant in a sex crimes case to probation. He added that his most lenient sentence in such cases included three years in prison. However, considering the circumstances and noting that Kline will likely be placed in a halfway house or released on probation within 6-8 months, Borgen accepted Lawyer's recommendation.

Kline, who had been free on a $50,000 cash bond since shortly after his arrest on March 23, 2023, was immediately taken into custody following Monday's sentencing hearing.

Kline was 85 when he was arrested last year after an investigation into allegations he abused two girls between 2019 and March 2023, according to an affidavit. Lawyer said the girls spent time with Kline in an arrangement set up by their mother, who Lawyer said knew Kline through church. Lawyer said the girls told their mother Kline had molested them while they were in his care.

Such behavior, according to Kline's eldest son, Tom, was "completely out of character." Tom Kline traveled from Del Rio, Texas, to appear at Monday's hearing to speak for his father, whom he described as a deeply religious man who, with his wife of 67 years, provided the couple's five children with a "solid family upbringing."

"I'm still trying to understand," Tom Kline said of his father's actions.

Monday's hearing also featured testimony from Stacey Benson, a forensic psychologist based in Fargo who examined Kline following an initial evaluation at the State Hospital in Jamestown. Benson said her assessments of Kline placed him at a very low risk of reoffending. Test results, according to Benson, showed Kline had no sexual interest in children, although a strict interpretation of those assessments might indicate he should be classified as a pedophile.

Benson also said in her professional opinion that ordering Kline to undergo sex offender treatment while incarcerated would not be productive because of wait times and the fact that programs operated by the state Department of Corrections and Rehabilitation are usually geared for higher-risk offenders.

McCabe had requested that Kline receive a delayed prison report date in order to attend to his wife, who is scheduled to undergo surgery in Fargo in early December.

Lawyer opposed a delayed report, telling Borgen there were other family members and friends who could attend to Kline's wife.

"This has been going on since March of 2023, and delay has been caused by evaluations of the defendant by the defendant," Lawyer said of the case against Kline that included evaluations to determine his mental fitness and risk of reoffending. "The girls didn't get to suspend anything while he was molesting them."

Prior to Monday's proceedings, Kline smiled and traded handshakes and hugs with nearly a dozen family members and supporters, but when he spoke to Borgen on his own behalf, his voice broke.

"I am guilty," Kline said shakily. "I blame nobody but myself. I knew my immoral and sinful behavior was wrong, and I pray for the healing of the victims."

Kline said he wanted to provide financial assistance to the victims and their mother to pay for counseling and education expenses. He also told Borgen he was glad the mother reported him to police.

"She did the right thing," he said.

Reach Brad Nygaard at 701-250-8260 or

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