SIDNEY – A Sidney man received the maximum sentence allowed by law when he was sentenced Friday, Dec. 20, in Shelby County Common Pleas Court.
Judge James Stevenson sentenced David Schutte to 19 years in prison on four pandering obscenity charges involving a minor. For the two second degree felony charges, Schutte was sentenced to 8 years on each count. The two sentences will be served consecutive, or one after the other one.
On the two third degree charges, Stevenson sentenced Schutte to 36 months on each count. The sentences will be served concurrently — or at the same time. The 36 months will be served consecutively with the two second degree felony charges.
Shelby County Prosecutor Tim Sell said the two second degree felony charges involved two local 16-year-old girls.
Stevenson, when sentencing Schutte, said the case involved disturbing images that “includes brutality involving juveniles.”
Schutte’s attorney, Laura Waymire from the Shelby County Public Defender’s Office, said her client had written out a letter of apology to his victims but decided to not read the letter in the courtroom.
On Oct. 31, the 39-year-old Schutte pleaded guilty to four counts of pandering obscenity involving a minor. Two counts are second-degree felonies and two are third-degree felonies, according to online court records.
All other charges in two pending cases against Schutte were dismissed, according to Shelby County Prosecutor Tim Sell.
In August, Schutte of 426 Buckeye Ave., was indicted on eight counts of pandering obscenity involving a minor, all third-degree felonies. Online court records indicated Schutte obtained and possessed videos of minors having sexual relations eight times between Nov. 25, 2018, and June 16.
In September, he was indicted on an additional 10 counts of pandering obscenity involving a minor. Two counts were second-degree felonies being accused of creating videos of an obscene performance of a minor. Both offenses allegedly occurred on June 11, according to online court records.
The eight additional charges were third-degree felonies and stem from possessing a nude picture of a minor while having previously been convicted of or pleaded guilty to a similar violation. Those offenses occurred between May 1 and Aug. 17.
Previously, Sell told the SDN the two second-degree felonies involve videos Schutte created involving teenage girls. The third-degree felonies were from videos he had downloaded onto a separate device.
History
Schutte has a history of such related criminal activity in Shelby County.
On Feb. 20, 2001, when he was 20 years old, Schutte was found guilty in a plea negotiated charge of attempted corruption of a minor, a fifth-degree felony. He spent 60 days in jail, placed on three years of probation, and ordered to successfully obtain drug, alcohol and mental health counseling.
On Nov. 26, that year, Schutte was ordered to spend 45 days in jail on a probation violation.
On May 14, 2002, he was jailed and ordered to successfully complete the Western Ohio Regional Treatment and Habilitation program in Lima. That June 27, he was unsuccessfully terminated from the program. On July 12, 2002, local authorities ordered Schutte to successfully complete sex offender counseling.
In a 2011 Miami County case, Schutte served more than four years with the Ohio Department of Rehabilitation and Correction on two sex-related charges. He was convicted of creating images involving a minor, a second-degree felony, and gross sexual imposition, a third-degree felony.
Currently, Schutte is listed as a Tier III sex offender in Ohio. He will have to register every 90- days with the sheriff’s office for the rest of his life.
