Two men indicted for child rape, child porn escape prison sentences


By Shannon Bohle - [email protected]



Beard

Beard


SIDNEY — Plea agreements for two Sidney men resulted in counseling for a man indicted on child rape charges and probation for another man indicted on nine counts of child porn.

Timothy James Beard, 24, of Sidney, was charged with rape, a first-degree felony, when during a period from January 2011 to December 2012, he allegedly engaged in sexual conduct with a female child under the age of 13. On Nov. 29, 2021, Beard pleaded guilty, agreeing to a reduced charge of attempted gross sexual imposition involving a victim under 13 years old, a fourth-degree felony, which required labeling as a Tier II sex offender, as opposed to a Tier I sex offender had he been convicted of child rape.

As part of Beard’s evaluation, he underwent Community Counseling Service (CCS) and “psychosexual evaluation as part of [the] PSI processes.” On Feb. 25, 2022, he was “commanded” to the Shelby County Jail until he would be accepted at MonDay.

His plea agreement requires Beard to begin counseling at the MonDay Community Correctional Institution beginning March 8, 2022. He is required to pay all costs of prosecution.

Brian W. Preston, 74, of Sidney, was sentenced to a total of 15 years of probation — five years of each for three counts of pandering obscenity involving a minor, each count being a fourth-degree felony and a Tier II sex offense—as well as sex counseling, and all costs of prosecution. Preston was initially indicted on nine counts of pandering obscenity involving a minor, each being a fourth-degree felony. On or about March 24 (one instance) and Aug. 24 (eight instances), Preston allegedly downloaded obscene materials to his computer that contained a minor participant. On Dec. 6, 2021, Preston entered a plea of guilty to three of the counts with the court dismissing the remainder. The maximum sentence he could have received was four and a half years (54 months) in prison, if assigned consecutively, and $15,000 in fines. That is, 18 months and $5,000 in fines for each of the three counts.

The plea agreement also stipulated that Preston to be subject to five years of mandatory post-release probation and to comply with the terms required of a registered Tier II sex offender. These include registering any change of address, lodging, employment, or education, and being verified every 180 days for 25 years.

Beard
https://www.sidneydailynews.com/wp-content/uploads/sites/47/2022/03/web1_Beard.jpgBeard

By Shannon Bohle

[email protected]