David J. Somerton,36, of Kelsey road, Batavia, was sentenced to 10 years probation and will serve weekends in jail for four months after pleading guilty to attempted use of a child in a sexual performance, a class D felony, in March.
Somerton was arrested in November of 2018 after an investigation into sex offenses involving a 13 year old child. A parent monitoring the child’s phone discovered the communication with Somerton.
He was originally charged with 5 counts disseminating indecent material to a minor, a felony, possession of obscene sexual performance by a child, a class E felony, and use of a child in a sexual performance, a class C felony.
Somerton was released under the supervision of Genesee Justice after he was charged. He could have been sentenced to 2-7 years in prison, but Judge Zambito says after reading through the 13 letters of recommendation received in the pre-sentence report, he decided to give Somerton a break.
Judge Zambito says a former Sheriff Deputy’s letter, who involved in Somerton’s Church, was a big factor in giving him a break.
“You got a lot of people around you who you can go to for help, and that’s why I am giving what is considered a break,” says Zambito.
Before sentencing, the victim, now 15, read a letter to the court describing how her world has been shattered and now her life is not normal.
“What did I do to deserve this, why do people do this to kids,” she asked.
The victim told the court she placed her trust in Somerton.
“When bad things happened I would tell him everything.”
The victim says she has considered suicide a few times and says she cries all the time.
“I want to be a normal kid and I hope this ends soon, this has damaged me.”
First Assistant District Attorney Melissa Cianfrini told the court the victim is not at fault and she is not to blame.
“It is the defendants fault, he played on her vulnerabilities. Despite all these letters of support, he was the one who asked for inappropriate pictures and sent photos of his genitalia to a child.”
Cianfrini asked the Judge for incarceration.
Somerton’s attorney Tom Burns told the court his client has a number of church supporters with him today that are part of his life and will help with rehabilitation.
“He continues to accept responsibility for the situation where there are no winners. Its a crime that will affect her for life, he admitted to his misconduct,” says Burns.
Somerton declined to make a statement before sentencing.
Judge Zambito says his decision was difficult to decide.
Zambito told the victim, “You didn’t do anything wrong and you didn’t deserve any of this, unfortunately in our society things happen like this all the time.”
Zambito also took into account that Somerton has no previous record and has never been arrested before.
“You took advantage of a young girl and her family, betraying their trust and part of this sentencing is what can we do for rehabilitation.”
Zambito also did not consider Somerton a risk to the community considering he has a job and a son to support.
“My sentence has no reflection on the seriousness or mercy, that is not my job to figure out, that is between you and God.”
Orders of protection were also issued and Somerton will now have to register as a sex offender.
Does anyone else think judges are too leinient on sex offenders of children?
This is disgusting. Please tell me this judge has been mis-quoted.
“Unfortunately in our society things happen like this all the time.” What kind of a statement is that? Therefore, this child does not get the justice deserved? I don’t care how many “church” supporters offered statements of character and help for rehabilitation. Where is their outrage? They should be standing up for the children who are abused, not the abuser. I guess the same could be said about our places of worship though these days, “unfortunately things happen like this all the time.” Sexual abuse should never be taken so lightly or dismissed because “it happens all the time”.