Child porn nets 10-year sentence
KEITH COUSINS/Staff writer | Hagadone News Network | UPDATED 11 years AGO
COEUR d'ALENE - A Coeur d'Alene man was sentenced Thursday to 10 years in prison, with the eligibility for parole after two years, for the possession of more than 900 pornographic photos of children.
Joshua Hicks, 27, was charged in October with seven counts of possession of sexually exploitative materials. According to Kootenai County Prosecuting Attorney Joshua Studor, Hicks accepted a plea agreement and pleaded guilty to three of those counts.
On Thursday in Kootenai County District Court, Studor asked Judge John Mitchell for a 10-year sentence, with Hicks being eligible for parole after two.
"Probation is not able to adequately restrict him from the Internet in order to make progress with his treatment," Studor said. "The prison system, specifically treatment in the prison system, is the best treatment in this case."
In his closing arguments, Hicks' defense attorney asked Mitchell to give his client probation due to a lack of any previous felony charges and his assertion that Hicks is "unlikely" to physically act out his sexual urges.
Mitchell brought up the results of a psychosexual evaluation conducted on Hicks, which determined that he had a substance abuse problem. Hicks responded to a question from Mitchell by stating that he last smoked marijuana in February.
However, when Mitchell asked Hicks if he could pass a drug test Hicks immediately went quiet and finally admitted to smoking the drug last week.
"It was a goodbye to a former life," Hicks said of the drug use.
Finally, Mitchell asked Hicks if he had entered into any treatment programs or received any of the prescription medications recommended in his evaluation. Hicks told the judge he had done neither.
"Well, you just made my decision easier," Mitchell said.
After sentencing Hicks, Mitchell said the reason he was sending the man to prison was because he had months to begin seeking treatment but hadn't sought it.
"If when we next meet you don't have a plan to address your issues, I probably won't put you on probation," Mitchell said.
According to Studor, investigator Paul Farina first observed child pornography being shared from Hicks' computer in May. Farina and other law enforcement agency representatives served a search warrant at Hicks' home in August, where they found his computer.
"An on-site search of that computer turned up 905 sexually exploitative images and two graphic videos depicting children being molested," Studor said.
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