Ex-correctional officer withdraws plea, to face trial

EL CENTRO — A former correctional officer arrested in March 2017 for allegedly enticing a minor to have sex recently withdrew his no contest plea, choosing instead to face a trial.

Michael Erik Kullander’s decision was prompted by a county Superior Court judge’s tentative ruling on July 11 ordering Kullander register as a sex offender, a provision that was not originally included in his plea agreement.

“Registration is a way to protect the public,” said county Judge Christopher J. Plourd during Kullander’s sentencing hearing.

Plourd also said his tentative ruling concurred with a county Probation Department report that stated Kullander, 49, had failed to accept the seriousness of his “issues.”

Plourd also indicated he was tentatively in agreement with the April 26 probation report that recommended Kullander be denied probation.

Plourd’s tentative ruling had forced Kullander to confer with his defense attorney, John Rodriguez, and ultimately led to the withdrawal of the plea.

“We have no other option,” Rodriguez said.

As part of the plea agreement, Kullander, a former Centinela State Prison employee, would have pleaded no contest to one felony count of attempted statutory rape, and have had one felony count of contacting a minor to commit a sexual offense dismissed, court records stated. Prior to the withdrawal of the plea, Rodriguez had argued against requiring Kullander register as a sex offender.

Rodriguez reminded the court that Kullander’s alleged crime lacked an actual victim, since the minor in question was really an Imperial Valley Internet Crimes Against Children task force member.

Rodriguez also pointed out to the court that Kullander had repeatedly rebuffed attempts by the ‘minor’ to initially engage in text conversation, and ultimately broke off correspondence voluntarily.

“He’s not a danger to the community,” Rodriguez said. “He didn’t fall for the trap.”

Kullander had reportedly posted an online advertisement stating he was a man seeking an adult girl interested in “kinky fun.”

An ICAC task force member posing as “Gabby” reportedly made contact with Kullander on Jan. 25, 2017, disclosing during that introductory discourse that she was 13 years old, the probation report stated

What reportedly followed over the next few days were a series of sexually graphic text conversations initiated both by Kullander and Gabby. On Jan. 27, 2017, Kullander allegedly sent Gabby a text that included two pictures of his aroused genitalia, the probation report stated.

Kullander had reportedly declined Gabby’s request on Jan. 29, 2017, to send her a picture of himself, and immediately thereafter broke off correspondence, the probation report stated.

Kullander had been arrested on March 22, 2017, at his place of employment by ICAC personnel following an interview regarding his alleged sexually explicit correspondence with a minor.

During that interview, Kullander reportedly told authorities had had sent the two pictures of his genitalia to someone he thought was an adult, the probation report stated.

Kullander had been employed as a correctional officer with Centinela since 1993 until his retirement in 2017.

He had also served as president of the facility’s California Corrections Peace Officers Association chapter.

Kullander, who remains out of custody on bail, is due back at the courthouse in El Centro on Sept. 10 for a readiness conference, with his trial scheduled to start the next day.