Former U.S. Marine going to prison for downloading child pornography

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  Published astatine 4:55 pm, June 17, 2024  | Updated astatine 4:57 pm, June 17, 2024

John Jr. Demaria IV during his sentencing connected Monday. | Kaitlyn Hart, EastIdahoNews.com

IDAHO FALLS — A erstwhile U.S. Marine was fixed situation clip connected Monday aft pleading blameworthy to downloading kid pornography.

District Judge Dane Watkins Jr. sentenced John Jr. Demaria IV, 45, to a minimum of 2 years and a maximum of 15 years successful prison.

Demaria was sentenced for 2 counts of willfully possessing kid sexually exploitative material.

For count one, he was fixed a minimum of 2 years pinch a maximum of 10 years successful prison. For count two, he was fixed nary minimum and a maximum of 5 years successful prison. Both sentences will tally consecutively. He will besides person to registry arsenic a activity offender and salary $3,491 successful tribunal fines and fees.

Demaria initially pleaded not blameworthy to 10 felony counts of willfully possessing kid sexually exploitative worldly but signed a plea statement successful April, wherever he agreed to plead blameworthy to 2 counts successful speech for nan prosecution dropping nan remaining counts and recommending a minimum of 3 years and a maximum of 10 years successful situation astatine sentencing.

Sentencing

During nan sentencing, Demaria’s defense attorney, Jason Gustaves, called Jerilyn Taylor arsenic a witness. Taylor is an addiction and constituent maltreatment counsellor who has been moving pinch Demaria connected his pornography addiction.

Taylor said Demaria is engaging pinch nan curen programme moreover aft telling her that he “didn’t deliberation therapy would help.”

“The past clip he was successful nan group, group felt heartfelt connected to him. They would’ve filled nan courtroom if he would’ve allowed it,” said Taylor. “He is very supportive. He’ll thief personification location who doesn’t person a ride, things for illustration that.”

RELATED | Man charged pinch having kid porn says he went down a ‘rabbit hole’

Taylor past recommended to nan tribunal that Demaria beryllium allowed to activity trauma counseling.

A lawman lawyer wide for nan State of Idaho, Madison Allen, past based on for her recommendation, skewing from nan plea statement for a minimum of 2 years and a maximum of 10 years successful prison.

Allen said Demaria had a “rough upbringing arsenic a child,” dealing pinch beingness maltreatment and nan deficiency of a parental figure.

“It’s evident that Mr. Demaria did not person a existent significant, supportive parental figure, astatine slightest successful his childhood,” said Allen. “There are respective letters of support written successful nan PSI (pre-sentence investigation). I didn’t count really galore location were, but I would conjecture astir 10 aliases 12 if I had to estimate.”

Despite these mitigating factors, Allen says Demaria is unlikley to beryllium wholly rehabilitated arsenic he “shifted nan blame” to different things alternatively than himself arsenic nan logic for his addiction.

“There wasn’t a batch of accountability taken. The suspect was blaming this discourtesy connected things different than himself,” said Allen. “Things specified arsenic his begetter was to blasted for his childhood, past it moved into nan Marine Corps, and nan Marine Corps became nan logic he was engaging successful this conduct. After nan Marine Corps, it was metallic poisoning and wellness issues.”

Gustaves past gave his proposal pursuing nan plea agreement, but asked Watkins to see probation aliases a retained jurisdiction, sayingt Demaria is doing good successful his curen groups and was abused arsenic a child.

“Explanation for why we get to a constituent is not attempting to excuse it,” said Gustaves. “He is present taking responsibility, he accepted nan plea agreement, he pled guilty, he knows why he is here. He is not disagreeing pinch that, and he is not saying that he does not request help. He recognizes that.”

Gustaves told nan tribunal that his client’s rehabilitation from pornography would not beryllium arsenic visible arsenic it would beryllium if Demaria were battling a supplier aliases intoxicant addiction.

“He’s not a personification who has a problem pinch supplier addiction. He’s not a personification who has an intoxicant addiction. He’s sewage a porn addiction, which is arsenic insidious arsenic immoderate of nan others,” said Gustaves. “Were we dealing pinch a personification who had a supplier aliases intoxicant curen problem, they could’ve been successful curen for nan past twelvemonth and travel earlier nan tribunal looking sober and cleanable and saying that ‘I tin abstain from substances,’ and nan tribunal could judge that. And they could look cleanable and patient for illustration Mr. Demaria looks correct now.”

Demaria past said to nan court, apologizing for nan wounded he has caused nan victims and his family.

“Your honor, I wish to apologize to you and particularly nan community, to person to guidelines present earlier you. I do return responsibility. I’ve had a batch of things successful my life spiral retired of control,” said Demaria. “I developed a batch of co-dependencies that were unhealthy wherever a batch of group would not understand that. No different than pinch alcoholics aliases pinch individuals who usage drugs. Porn became my drug.”

He continued, saying he struggled pinch intelligence wellness to nan constituent wherever he was astir to return his ain life correct earlier his arrest.

“If I wouldn’t person been arrested, I was beautiful adjacent to ending it. I’m really very thankful,” said Demaria. “So far, I’m thankful for my counselor, and it brought maine person backmost to my family. I’m not a monster, your honor. I’m a feline that had problems, and I didn’t grip them correctly.”

Demaria says he reached retired to nan Veterans Affairs agency aggregate times seeking intelligence healthcare but says he was ne'er provided immoderate resources to help.

“I had reached retired a fewer times. Unfortunately, nan VA (Veterans Affairs), has dropped nan shot rather a fewer times. And this isn’t maine shifting nan blame, I person tried to scope retired for thief successful galore different instances and it wasn’t there,” said Demaria. “So I ever reverted backmost to what I knew and what would thief maine make it to nan adjacent day. I cognize it wasn’t right, and I do understand that I person victims.”

Watkins past explained his ruling earlier pronouncing sentence, saying he took into relationship nan galore letters of support for Demaria and his family’s attendance successful court.

“I watched very cautiously (Demaria’s family members) reactions to your statements, and I deliberation they were meaningful to them. Because of your actions, your harmed others. You harmed them,” said Watkins. “But I americium happy that they are present to guidelines by your side. Everyone needs that benignant of support successful their life, peculiarly arsenic you face these demons that person possessed you for immoderate time.”

He concluded by saying that Demaria’s porn addiction is hurtful to overmuch much than conscionable his ain life.

“You admit this addiction that location is simply a pornography addiction, and moreover (Gustaves) uses nan connection ‘insidious,’ and it is,” said Watkins. “It is detrimental to you individually, nan measurement you position nan world, nan measurement you interact pinch others successful nan community, and it disrupts truthful galore things successful your life.”

Background

On March 6, 2023, a Bonneville County Sheriff’s detective investigated a cyber extremity from nan National Center for Missing and Exploited Children. The extremity stated an individual, later identified arsenic Demaria, uploaded an image of kid porn to his individual unreality account.

After investigating, nan detective recovered aggregate kid intersexual maltreatment worldly were uploaded showing girls arsenic young arsenic 5 years old. The detective sent a hunt warrant for nan relationship and recovered 76 images of kid intersexual maltreatment worldly recovered connected Demaria’s account.

On May 18, 2023, investigators executed a hunt warrant astatine Demaria’s location successful Ammon. He was detained and taken to nan sheriff’s agency for an interview.

Demaria admitted to having gone down a “rabbit hole” connected nan net while he was “link surfing,” tribunal documents say.

Demaria told detectives he utilized societal media to find links to porn and kept images hidden successful an app connected his phone. He past decided to extremity talking to detectives and requested an attorney.

During nan hunt of his home, detectives recovered 15 much kid pornography images successful nan app wherever he kept images hidden, a files called “Ultra.”

While searching Demaria’s phone, they besides recovered hundreds much images and videos of young girls ranging from 10 to 11 years old.

Demaria was past arrested and taken to nan Bonneville County Jail, wherever he was fixed a $100,000 bail.

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