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Syracuse, NY - Vasual Marcellus man casuall sentenced today to jail and probation for sexually explicit communications with someone he thought was a year-old girl. That girl, however, turned out to be an adult male investigator with the Pennsylvania Attorney General's Office monitoring an Internet chat room frequently used by children. David Irwin, 25, of Aquinnah Heights, was convicted by an Onondaga County Court jury last month of attempted first-degree disseminating indecent material to a minor, casjal Free casual sex in rodman ny 13682.
He was sentenced by Ni Anthony Aloi to Free casual sex in rodman ny 13682 years' probation with the first six months to be served in the Onondaga County Correctional Facility in Jamesville. Assistant District Attorney Geoffrey Ciereck was seeking a state prison penalty. The defendant could have faced up to four years in state prison. According to Ciereck, Irwin began communicating with the agent un who was posing as a year-old girl in the chat room - in March Over the following 10 months, Irwin sent numerous sexually explicit messages to the agent.
He also sent video of himself in a state of sexual arousal and discussed coming to Pennsylvania to meet up with the girl, Ciereck said. The charge was only an attempt to commit the crime because there was never actually an underage victim with whom Irwin was communicating, the prosecutor said. Lawyer George Hildebrandt used that argument - and a further contention that Irwin never actually intended to go to Pennsylvania to meet with anyone - in his defense.
But a jury convicted Irwin as charged Sept. But Aloi rejected Ciereck's request to sentence Irwin to state prison. The judge said he thought it would be better to have Irwin under probation supervision for 10 years with a short local jail term at the beginning. The judge also rejected Hildebrandt's request to throw out a number of the probationary conditions. The defense lawyer said requiring Irwin not to have contact with anyone younger than 17 just served to stigmatize and isolate him as a convicted sex offender.
The judge modified that condition to allow contact only with young relatives. Hildebrandt also objected to a condition requiring Irwin to tell any person with whom he developed a personal relationship that he was a convicted sex offender. Aloi, however, left that condition. Ciereck also took issue with the defendant's position as reported in the probation department pre-sentence report.
He noted Irwin told the probation officer he had done nothing wrong. The prosecutor said that indicated Irwin was still not accepting responsibility. Aloi, however, said he believed there was sufficient indication that Irwin had accepted responsibility. The defendant said the people he'd talked to in jail since being incarcerated after the guilty verdict seemed to have a casual demeanor toward crime.
The judge then went forward and rated Irwin as a Level 1 sex offender with a low likelihood to reoffend. But Aloi said Irwin would be required to register as a convicted sex offender for the next 20 years. Crime in Central NY.