Sidney man receives up to 19 years in prison for child porn

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SIDNEY — Bailey A. Schutte, 22, of Sidney, was sentenced to a total of 15 to 19 years in prison for four counts of pandering obscenity involving a minor, each being a second-degree felony.

The sentencing is best understood by dividing it into two parts. In the first part, for one count, he received 8-12 years. In the second, part, the remaining counts amounted to three seven-year concurrent sentences. The first and second parts of the sentence are to be served consecutively.

Additionally, Schutte was sentenced to five years of mandatory post-release probation and will be held responsible for all costs of prosecution.

The events leading up to the charges occurred on the following dates: Jan. 31, 2021, June 14, June 19, June 30, 2021, July 1, July 3, 2021, July 5, 2021, July 29, 2021, Sept. 1, 2021, and Sept. 8, 2021.

Initially, Schutte was indicted on 19 charges of pandering obscenity involving a minor, five being fourth-degree felonies, and the remainder being second-degree felonies.

Then, on Feb. 7, 2022, Schutte pleaded guilty to four of these counts, each being a second-degree felony, with a joint recommendation of 15 years and labeling as a Tier 2 sex offender.

The maximum penalty Schutte could have received is up to 36 years and $60,000 in fines, followed by five years of mandatory probation following release.

Jeffery A. Young, 40, of Sidney, was sentenced to 17 months in prison, a discretionary post-release probation of up to two years, and all costs of prosecution. Initially, Young was indicted on one count of domestic violence, a third-degree felony. On or about Dec. 4, 2021, he allegedly punched, struck, and choked an adult female household member after being previously convicted of domestic violence in Bellefontaine Municipal Court on Sept. 6, 2005, and in Logan County on May 5, 2012. Then, on Feb. 7, 2022, Young pleaded guilty to the reduced charge of domestic violence, a fourth-degree felony. Young could face up to 18 months in prison, up to a $5,000 fine, and up to two years of discretionary post-release probation. Of note, Young circled he was “not” a repeat violent offender and wrote “COVID-19” next to his signature on the plea agreement.

Theodore T. Mitchell, Jr., 36, of Columbus, was sentenced to nine months in prison (less 45 days of jail credit), up to two years of discretionary post-release probation, $0 in fines, and all costs of prosecution for one count of domestic violence, a fourth-degree felony. This sentence is to be served consecutive to his other sentence in Champaign County for domestic violence, a fourth-degree felony, and having weapons while under disability, a third-degree felony. Mitchell was initially indicted on one count of intimidation, a third-degree felony, domestic violence, a fourth-degree felony, and criminal damaging, a second-degree misdemeanor. On or about Sept. 4, 2021, Mitchell allegedly shoved down a person with whom he was cohabitating, having previously been convicted of domestic violence, a fourth-degree felony, in Franklin County Municipal Court. On the same date, he also allegedly broke a car window and threatened a police deputy, saying he would “burn his house down, kill his family, and get him fired from his job.” On Jan. 14, Mitchell entered a guilty plea to the fourth-degree felony of domestic violence, for which he faced a maximum of 18 months in prison, a $5,000 fine, and up to two years of discretionary probation. The two other charges were dismissed as part of his plea bargain.

Austin L. Rogers, 22, of Sidney, was sentenced to five years of probation (with 94 days of jail credit), mental health counseling and taking required prescribed medication, as well as all costs of prosecution, for one count of domestic violence, a fourth-degree felony. Rogers was initially indicted on one count of domestic violence, a third-degree felony. On or about Dec. 1, 2021, Rogers allegedly punched and struck another in the face and head, causing a visible eye injury. Rogers has two previous convictions for third-degree domestic violence, the first being in Darke County Municipal Court on Dec. 5, 2018, and the second being in Miami County Municipal Court on July 7, 2021. On Jan. 27, 2022, Rogers pleaded guilty to one count of domestic violence, a fourth-degree felony, with an agreed stipulation, at the request of the victim, that he receive mental health counseling. Rogers faced a maximum of 18 months in prison, a $5,000 fine, and a discretionary two-year probation.

Arthur James Bennett, 33, of Sidney, was sentenced to up to five years of probation (with four days of jail credit) and all costs of prosecution, for the reduced charge of attempted possession of drugs, a first-degree misdemeanor. Bennett was initially indicted on one count of possessing fentanyl, a fifth-degree felony, for events occurring on or about April 4, 2021. On Dec. 14, 2021, Bennett entered a guilty plea to an an amended charge of attempted possession of drugs, a first-degree misdemeanor, in which he could face a maximum sentence of 180 days in jail, up to a $1,000 fine, and a discretionary driver’s license suspension from six months to five years. He was released from jail on March 4, 2022.

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By Shannon Bohle

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