A 21-year-old man prosecuted for possession of pornography depicting young children was granted probation Monday because he was deemed to be a low risk to reoffend and had no prior criminal record.
Kyle Parker Hewit told District Judge Michael Gibbons he was ashamed of his behavior.
"I am extremely sorry," Hewit said. "I feel embarrassed and ashamed of myself for being here. If I could go back and change things, I would. I just ask for help."
Gibbons suspended a 12-to-30-month sentence and placed Hewit on probation for three years which includes intensive counseling.
Hewit pleaded guilty to attempted possession of pornography depicting children under 16.
Gibbons said he placed Hewit on probation after a psycho-sexual evaluation revealed no indication that Hewit attempted to have sexual contact with children.
He must register as a sex offender and avoid secluded locations with anyone under 18.
"This is a critical point for intervention," said Hewit's attorney, Kris Brown. "What road might he have gone down had he not been caught?"
Brown said she did not believe Hewit would reoffend and that therapy would help his self-esteem and relationship issues.
She said in Hewit's letter to the court, he apologized to the victims of the crime.
"His ability to care about these children shows his ability to be rehabilitated," she said. "He realizes what those children go through."
Gibbons pointed out that the images were not of local children.
There were six images of children on Hewit's computer when a federal sweep seeking distributors of child pornography located his Internet protocol address.
An 8-year-old girl was identified from her picture, but she was not local. Most of the other children were Russian or Eastern European.
Brown said Monday that Hewit thought he had deleted the pictures from his computer.
He was arrested in August and spent two days in Douglas County Jail.
"It was not his intent to share those shots," Brown said.
Family friend Paul Pabon testified as to Hewit's character and his family.
He said Hewit was a hard worker, managing a fast-food restaurant and was putting himself through school.
Pabon said Hewit knew what he did was wrong and he told Gibbons it was unlikely he would get in trouble again.
Prosecutor Karen Dustman agreed with probation for Hewit.
He faced up to five years in prison and a $10,000 fine.
Terms of Hewit's probation include a long list of special conditions including no contact with anyone under 18 in a secluded area; no possession of sexually explicit material or patronizing a business which sells such material.
He may not be within 500 feet of a school, day care center, theater, athletic field or any place that is designed primarily for use by children.
Hewit may not possess any device capable of accessing the Internet and may not access the Internet without approval by his probation officer.
He must submit to periodic polygraph exams as well as tests for use of controlled substances and alcohol.
Hewit is not allowed to have a post office box or use an alias. He must complete 50 hours of community service and reimburse the county $500 for his court-appointed attorney.
"You can't do anything that would remotely suggest you were sexually involved with children," Gibbons said. "Stay away from children."
