A Warsaw man will serve 1-1/2 years in prison for possessing child pornography and taking multiple pictures of people while they used the bathroom.
Kaleb Michael Sumpter, 22, of 2835 E. Lake Tahoe Trail, Warsaw, was sentenced for possession of child pornography, a level 6 felony as a lesser included offense of a level 5 felony; and public voyeurism, a class A misdemeanor. A second child pornography possession charge was dismissed as part of a plea agreement.
Sumpter was sentenced in Kosciusko Superior Court I on Thursday.
For possession of child pornography, Kosciusko Superior Court I Judge Karin McGrath sentenced Sumpter to two years in the Indiana Department of Correction, with one year executed and one year suspended on probation. He also received a one-year DOC sentence for public voyeurism, with six months executed and six months suspended on probation. Both of Sumpter’s charges will be served back-to-back.
In total, Sumpter received a three-year DOC sentence, with 1-1/2 years executed and 1-1/2 years suspended on probation. McGrath showed no objection to Sumpter serving the executed portion through work release, but as of Oct. 10, Sumpter did not qualify for participation in the program.
Sumpter is trespassed from all Lowe’s stores and is forbidden from accessing the internet unless it’s required for seeking employment. He must also register as a sex offender.
McGrath also ruled any cell phone Sumpter owns must be a flip phone with no internet or photo capabilities.
At sentencing, it was noted that eight pages of letters in support of Sumpter were submitted as evidence to the court.
Deputy Prosecuting Attorney Joseph Sobek said the number of pictures found on Sumpter’s phone of people using the bathroom is “not a mistake, it’s a lifestyle.
“It’s a lifestyle that Kaleb needs to immediately cease living,” said Sobek.
Defense attorney Jay Rigdon said the case had been “an opportunity for Kaleb to recognize this is something he shouldn’t get involved in.” He noted it was Sumpter’s first criminal case and that he was “taking steps to straighten his life out” by undergoing counseling and relying on his support system.
Sumpter apologized in court to all the victims for his actions.
“I feel I am taking the right steps to get better,” said Sumpter, stating he was seeing a counselor and regularly attending church.
McGrath said she couldn’t overlook the “sheer volume of pictures” found on Sumpter’s cell phone.
“There were a whole lot of people whose privacy you violated,” said McGrath.
With the child porn files found on Sumpter’s cell phone, McGrath described them as “so heartbreakingly depraved” that she couldn’t fully detail them in open court.
“It’s providing a market for material of victims as young in this case as infants, when people like you want to possess those images,” said McGrath.
Affidavit Of Probable Cause
On April 5, a Warsaw Police officer responded to a report of a man taking pictures underneath bathroom stalls at Lowe’s. According to court documents, a manager at the store said he saw Sumpter put his phone on the ground, pointing the camera toward where a customer was in the next bathroom stall.
Officers obtained a search warrant for Sumpter’s cell phone and found multiple videos and photographs of men using the bathroom. A total of 361 images were taken by Sumpter in the bathroom while the victims were unaware.
Over 1,000 videos appearing to be child pornography were also located on Sumpter’s phone.