Bannock County man gets probation, suspended prison sentence for injury to a child
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POCATELLO — A man who pleaded guilty to one felony count of injuring a child has been sentenced to probation.
Talon Chase Beattie, 25, reached a plea agreement with the Bannock County Prosecutor’s Office that saw one count of possessing child sexually exploitative material be amended to the injury to a child charge. An additional charge of possessing sexually exploitative material was dismissed as part of the agreement.
Per the plea agreement, the defense and prosecution agreed upon a probation sentence, with both sides free to argue the underlying jail or prison sentence. The defense was also free to argue for a withheld judgment without objection from the state.
At an Oct. 31 hearing, District Judge Javier Gabiola heard all arguments before sentencing Beattie to 10 years probation with an underlying prison sentence of five to 10 years.
Gabiola said at the hearing, a recording of which was obtained by EastIdahoNews.com, that he was bound to the probation sentence agreed upon before issuing his sentence.
“I realize that’s a lengthy probationary period, Mr. Beattie, but I do find … that a lesser sentence would diminish the actions you’ve plead guilty to here,” the judge said.
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Beattie was arrested in January following investigation by the Idaho Office of the Attorney General’s Internet Crimes Against Children Unit. That investigation was initiated when, during a polygraph pre-test for entry into the Idaho State University Idaho Police Officers Standards and Training (POST) Academy, Beattie admitted to having viewed child pornography.
During the investigation, officers found two of the videos Beattie had viewed.
At the sentencing hearing, defense attorney Kyle May argued that during the course of the investigation, no evidence was ever discovered showing Beattie had searched for child pornographic material. He also said the prosecution could not prove Beattie intentionally watched child pornography — which it would be required to do, he added.
May said probation would give Beattie a chance to change and combat his porn addiction.
He said Beattie made a mistake and has since acknowledge his porn addiction, then recommended an underlying prison sentence of five years fixed.
“I think that’s enough time (for Beattie) to satisfy his requirements, to do all the treatment programming — the sex offender treatment programming, which he agreed to,” May said.
Prosecuting attorney Zoie Laggis argued for a five- to 10-year underlying sentence, claiming what Beattie did was not a mistake.
“Mr. Beattie didn’t make a mistake, he made a decision to download that child exploitation material, and he made a decision to view it,” she said.
Laggis said Beattie did agree to undergo sex offender treatment, but that he did so “reluctantly.” She noted that Beattie was listed in the pre-sentence investigation as a “elevated moderate risk” to reoffend.
Before rendering judgement, Gabiola asked Beattie if he wished to speak on his own behalf. Beattie declined.
The judge then noted the same PSI report reference by Laggis. The report referred to Beattie, according to Gabiola, as a “marginal candidate for probation,” saying he showed “deception on the polygraph” and did not “take responsibility.”
The PSI, Gabiola continued, says Beattie shows “poor impulse control,” “negative mood-anger issues,” “poor emotional regulation” and “deviant sexual preference.”
Gabiola concluded, noting he was sentencing for the crime to which Beattie pleaded guilty.
The judge suspended a prison sentence of five to 10 years while granting Beattie’s probation officer a 12-day discretionary jail sentence.
As part of his probation, Gabiola ordered Beattie pay monthly installments toward $1,345.50 in fees in fines. A missed payment, Gabiola warned Beattie, would constitute a probation violation.