{"id":9273,"date":"2019-05-23T14:09:37","date_gmt":"2019-05-23T18:09:37","guid":{"rendered":"http:\/\/videonewsservice.net\/?p=9273"},"modified":"2019-05-23T14:09:37","modified_gmt":"2019-05-23T18:09:37","slug":"genesee-county-batavia-man-sentenced-to-10-years-probation-and-weekends-in-jail-in-sex-offenses-investigation-involving-a-13-year-old-child","status":"publish","type":"post","link":"https:\/\/videonewsservice.net\/index.php\/2019\/05\/23\/genesee-county-batavia-man-sentenced-to-10-years-probation-and-weekends-in-jail-in-sex-offenses-investigation-involving-a-13-year-old-child\/","title":{"rendered":"GENESEE COUNTY\/Batavia man sentenced to 10 years probation and weekends in jail in sex offenses investigation involving a 13 year old child"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

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.<\/p>\n\n\n\n

Somerton was arrested in November of 2018 after an investigation into sex offenses involving a 13 year old child. A parent monitoring the child\u2019s phone discovered the communication with Somerton.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Judge Zambito says a former Sheriff Deputy’s letter, who involved in Somerton’s Church, was a big factor in giving him a break.<\/p>\n\n\n\n

“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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

“What did I do to deserve this, why do people do this to kids,” she asked.<\/p>\n\n\n\n

The victim told the court she placed her trust in Somerton.<\/p>\n\n\n\n

“When bad things happened I would tell him everything.”<\/p>\n\n\n\n

The victim says she has considered suicide a few times and says she cries all the time.<\/p>\n\n\n\n

“I want to be a normal kid and I hope this ends soon, this has damaged me.”<\/p>\n\n\n\n

First Assistant District Attorney Melissa Cianfrini told the court the victim is not at fault and she is not to blame.<\/p>\n\n\n\n

“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.”<\/p>\n\n\n\n

Cianfrini asked the Judge for incarceration.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

“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.<\/p>\n\n\n\n

Somerton declined to make a statement before sentencing.<\/p>\n\n\n\n

Judge Zambito says his decision was difficult to decide.<\/p>\n\n\n\n

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.”<\/p>\n\n\n\n

Zambito also took into account that Somerton has no previous record and has never been arrested before.<\/p>\n\n\n\n

“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.”<\/p>\n\n\n\n

Zambito also did not consider Somerton a risk to the community considering he has a job and a son to support.<\/p>\n\n\n\n

“My sentence has no reflection on the seriousness or mercy, that is not my job to figure out, that is between you and God.”<\/p>\n\n\n\n

<\/p>\n\n\n\n

Orders of protection were also issued and Somerton will now have to register as a sex offender.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 \u2026<\/p>\n

Continue reading<\/i><\/a><\/p>\n","protected":false},"author":1,"featured_media":6577,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_seo_schema_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[23,76],"tags":[],"class_list":["post-9273","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-genesee-county","category-oakfield"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p8eTP4-2pz","jetpack-related-posts":[{"id":8389,"url":"https:\/\/videonewsservice.net\/index.php\/2019\/03\/21\/batavia-man-pleads-guilty-to-a-felony-after-sex-offenses-investigation\/","url_meta":{"origin":9273,"position":0},"title":"Batavia man pleads guilty to a felony after sex offenses investigation","author":"aka","date":"March 21, 2019","format":false,"excerpt":"David J. Somerton, 36, of Kelsey road, Batavia, pleaded guilty to attempted use of a child in a sexual performance in Genesee County Court on Monday. Somerton pleaded guilty to the class D felony and waived his right to a grand jury proceeding. 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