A Warsaw man will serve 12 years in prison for crimes against children.
David John Ellenberger, 37, Warsaw, was charged with child exploitation, a level 4 felony; child solicitation, a level 5 felony; and a repeat sexual offender enhancement. Seven additional criminal charges were all dismissed as part of a plea agreement.
Ellenberger was sentenced in Kosciusko Superior Court I on Thursday.
For child exploitation, Kosciusko Superior Court I Judge Karin McGrath sentenced Ellenberger to 10 years in the Indiana Department of Correction, with six years executed and four years suspended on probation. He also received a five-year DOC sentence for child solicitation, with both charges to be served at the same time.
The repeat sexual offender enhancement added an additional six-year DOC sentence, which will be served back-to-back to the aforementioned charges.
In total, Ellenberger received a 16-year DOC sentence, with 12 years executed and four years suspended on probation.
Ellenberger has 406 days of jail time credit. He must register as a sex offender and complete a program for sexually maladaptive behavior.
McGrath also noted Ellenberger's internet access will be restricted and monitored when he is on probation.
At sentencing, it was noted that Ellenberger had pled guilty but mentally ill. Deputy Prosecutor Joseph Sobek said competency evaluation results showed Ellenberger had intellectual disabilities. He recommended the court place Ellenberger in a sexually maladaptive program.
"These horrific, heinous crimes simply cannot be tolerated," said Sobek.
Defense attorney John Barrett said he agreed with a majority of Sobek's argument. He said Ellenberger did not have a lot of criminal history, but what he did have was significant.
"He wants help and recognizes he needs the help," said Barrett. "He does not have the tools or ability to help himself."
Ellenberger gave a statement in court and said he was "angry growing up" and had a troubled childhood since he was bullied for being "strange and different." He said he sought out "anyone willing to be my friends" and that he believed sex offenders were treated much differently by the justice system compared to drug dealers.
Ellenberger also said having goals has helped keep him grounded and expressed an interest in attending college.
"My focus is now on my future and I can't wait to start bettering myself," said Ellenberger.
McGrath said Ellenberger had strong articulation and a high level of intelligence, but noted a statement Ellenberger made about his childhood.
"Even with that, you have pleasure in viewing children suffering," said McGrath. "You said in your pre-sentence investigation report that 'although I knew it was wrong, I kept doing it anyway.' Your desire for change is there, but you allowed yourself to go down this road again."
McGrath also noted Ellenberger was on probation at the time of these crimes.
Between July 1 and Dec. 1, 2023, an Indiana State Police detective received four cyber tips from the National Center for Missing and Exploited Children about an individual uploading 17 files containing apparent child pornography online. Upon further investigation, Ellenberger was identified as the individual who uploaded the materials.
It was later discovered Ellenberger used alternate names, shared images of himself to purported children on social media, and sent images depicting child sexual abuse material to children. In one social media conversation, Ellenberger claimed he was 16 years old while speaking with an individual who said they were 12 years old. He also sent an inappropriate picture of himself to the child.
In an interview with law enforcement, Ellenberger said he managed multiple Facebook and email accounts, using various fictitious names and ages, in order to talk with both adults and children. The conversations were about sex and asking individuals if they were interested in sexual relationships or the exchange of sexual content.
Ellenberger was previously convicted of child molesting in Steuben County in November 2014. He was still on formal probation for the Steuben County case at the time of these incidents.