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After saying he doubted probation would be successful, Kosciusko Circuit Court Judge Rex Reed sentenced an Akron man to four years in prison Thursday afternoon.
On Aug. 31, James P. Simpson, 48, of Akron, submitted a plea agreement to Judge Reed, who accepted the plea and sentenced Simpson Thursday afternoon. Simpson pleaded guilty to one count of Class C felony child exploitation and one count of Class D felony child exploitation. As part of the agreement, one count of voyeurism, a Class D felony, was dismessed. He also will be required to register with the state as a sex offender.
"Would you be successful on probation? Mr. Simpson, I have my doubts," Judge Reed said before handing down the sentence.
Simpson was sentenced to four years in prison for the C felony charge and 1-1/2 years in prison for the Class D felony charge. The sentences will be served concurrently. Simpson also was ordered to pay a $1,000 fine and court costs.
During the sentencing hearing Simpson said he was in counseling, took full responsibility for his actions and was sorry for what he did.
Simpson's attorney, Jay Rigdon said, "(Simpson) has led a productive life up to this point."
Kosciusko County Prosecutor Steven Hearn said, "This is not a moment of lapsed memory. This is a series of events that took place over a long period of time."
In reference to mitigating circumstances listed in Simpson's pre-sentence investigation, Hearn said, "(The court) should not consider his guilty plea a mitigation circumstance. (Simpson is) the one that got the break, no one else."
Hearn said the only reason Simpson pleaded guilty was so the evidence photos did not become public record.
Later in the hearing, Judge Reed addressed Simpson directly.
"I am glad you got treatment. If you had cancer you would want to get the best treatment. Mr. Simpson, you have a cancer. ... You need to have acknowledged a problem long before this."
After the sentencing, Simpson's wife hugged him as she cried and wiped away tears. Simpson was remanded to the custody of the Kosciusko County Sheriff's Department to begin his sentence. He will be transferred to a state prison later.
During a plea hearing Aug. 31, Simpson admitted to taking sexually explicit photos of a child under the age of 18 and possessing photos of a child less than 16 years of age in sexual conduct as defined by the court.
On March 24, police in Holland, Mich., contacted the Warsaw Police Department with information about a DVD that was removed from a CD player in a vehicle sent to Michigan for repair from a Warsaw dealership.
Simpson's wife tried to play the disc in her vehicle. The disc got stuck in the CD player and she took the car to a local dealership for service.
The DVD, which was forwarded to the Warsaw Police Department, reportedly shows a young girl in various states of undress and appears to be recorded without the girl's knowledge.
On March 27, Simpson was confronted about the incident but failed to appear for an interview with detectives from the Warsaw Police Department. A warrant for Simpson's arrest was issued Thursday.
Simpson fled the area after learning about the possible charges, but stayed in contact with police via e-mail and telephone. During that time, Simpson threatened suicide, but eventually was convinced to return to Warsaw.
After talking with a local attorney, Simpson surrendered to police.
According to probable cause documents filed in Kosciusko Circuit Court, police believe Simpson used video equipment hidden in an air purifier in the girl's bedroom to make the recordings.
When police went to Simpson's house, they reportedly found a small television, a DVD player and a wireless receiver in an armoire. The woman said Simpson was the only person who would have access to the equipment.
Police said evidence in the home indicated the recording activity had been going on for several months.
Additional evidence of adult and child pornography was found in the home along with examples of other voyeuristic activity.
