News Photo by Reagan Voetberg James Smith is pictured in the 26th Circuit Court on Monday. Smith was sentenced for up to 25 years in prison for possession of child sexually abusive material and using computers to commit a crime.

ALPENA — James Smith, 45 of Alpena, was sentenced to seven to 25 years in prison with credit for 112 days for two counts of child sexually abusive material aggravated possession, one count of child sexually abusive activity aggravated, one count of child sexually abusive activity aggravated distributing or promoting, and one count of using computers to commit a crime.

Smith appeared in the 26th Circuit Court in Alpena on Monday, with Judge Ed Black presiding.

Smith pleaded guilty to the listed charges on Oct. 6.

Prosecuting Attorney Cynthia Muszynski argued that Smith should receive a consecutive sentence for the charge of using computers to commit a crime.

In Michigan, those sentenced on multiple charges are typically given concurrent sentences, meaning that a person given three months for one charge and six months for another would serve 6 months in jail. A consecutive sentence would see that same person serve nine months.

Muszynski said that computers are the primary way that those charged with distributing child sexually abusive material are able to spread that material, and without computers, the business of profiting off of child pornography would not be so prevalent.

“I understand that the (Michigan Department of Corrections) has recommended the top end of the guidelines in this particular case,” Muszynski said. “I would note that they do not often do that. Given the multitude of images and videos that were found on the defendant’s phone, I do believe that sentencing at the top of the guidelines is warranted.”

Smith’s Defense Counsel, Ronald Bayot brought to Judge Black’s attention Smith’s behavior since his arrest.

“Mr. Smith was open with law enforcement,” Bayot said. “Very open about what he did. Not trying to hide anything here.”

He has not caused any problems at the jail and participated in the Inmate Growth Naturally and Intentionally Through Education (IGNITE) program.

“Looking at this, Mr Smith, I will tell you that I’ve had one occasion during an investigation that I had to look at these photos,” Judge Black said. “And my brain will never forget it. And having to look at what was happening to the age of children that these are in these photos, is probably one of the more impactful things that ever happened to me in my life.”

Judge Black gave Smith a concurrent sentence, taking into account Smith’s participation in IGNITE and that he came forward willingly.

Smith will serve seven to 25 years in prison for child sexual abuse activity aggravated concurrently with sentences of seven to 20 years, five to 15 years, five to 10 years, and five to 15 years for the other four charges.

Smith was arrested in July following an investigation in which digital evidence was seized. The investigation was initiated when it was discovered that Smith was viewing files of child sexually abusive material on the internet.

OTHER COURT HAPPENINGS

*Dustin Haske, 34, entered a plea deal. He pleaded no contest to one count of first degree criminal sexual conduct, and one count of third degree criminal sexual conduct. All other charges were dismissed. Haske’s sentencing is scheduled for 1:15 p.m. on Jan. 7.

*William Kinsman, 46, was sentenced to 18 months probation and 180 days in jail with credit for 132 days served for one charge of domestic violence.

*Larry Deleon, 50, was sentenced to 29 months to 20 years in prison for controlled substance delivery/manufacture of methamphetamine. Deleon will be able to enter Special Alternative Incarceration boot camp once he has served 26 months in prison.

Reagan Voetberg can be reached at 989-358-5683 or rvoetberg@TheAlpenaNews.com.