Posted on

Man gets 2 years on resentencing in child porn case

Kirk
Kirk
By Bob Steenson, bsteenson@charlescitypress.com

A man who had his sentence overturned on a conviction of possession of child pornography had the same sentence imposed again Tuesday.

Jeffrey Allan Kirk, 54, of Charles City, was again sentenced to up to two years in prison for conviction of purchasing or possessing a depiction of a minor in a sex act.

He had pleaded guilty in November 2016 to one count of possessing child pornography. Six other similar counts were dropped in return for his plea, and he was sentenced by Floyd County District Court Judge Peter Newell to up to two years in prison.

Kirk appealed his sentence and the Iowa Court of Appeals vacated the sentence, ruling  that Newell had abused his discretion by not considering the individual circumstances of the case.

In the original sentencing, Newell had said, “I think that there are some crimes that are so serious that it’s not appropriate even for someone that doesn’t have a prior criminal history to receive a deferred judgment.”

The Court of Appeals ruled on July 6 that the district court failed to exercise discretion in the sentencing, because a fixed policy of sentencing by a judge precluded the necessary consideration of underlying facts and individual circumstances of an offense.

On Tuesday, Newell again sentenced Kirk to up to two years in prison, although it is likely he will be released on probation yet this year.

Kirk’s attorney, Nellie O’Mara of Mason City, said Kirk has already been approved by the Iowa Parole Board to begin parole Sept. 30, and she asked the judge to give him a deferred judgment or suspended sentence so he could begin parole immediately.

Kirk said in court, “I believe I have learned my lesson” during the almost 10 months he has spent in prison at the Newton Correctional Facility.

He said he had successfully completed the sexual offender treatment program while in prison and wanted to be released so he can help care for his elderly parents.

Newell said that in his previous sentence he had relied on sentencing recommendations by the prosecution and by the Department of Correctional Services presentencing investigation, which had recommended a sentence of up to two years in prison.

He cited Kirk’s statements in the presentencing investigation regarding what Kirk said was a likely addiction to child pornography and descriptions of some of his acts to acquire child pornography.

Newell Tuesday again sentenced Kirk to up to two years in prison, calling the sentence “appropriate … based on the specific nature of this offense and based on your facts.”

 

Social Share

LATEST NEWS