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SW Va. man denied sentence reduction for child porn convictions

June 21st, 2014 11:00 pm by Wes Bunch

SW Va.  man denied sentence reduction for child porn convictions

JONESVILLE — An Iraq War veteran serving over two decades in prison for distributing child pornography had a portion of his sentence upheld this week during a motions hearing in Lee County.

Kyle Andrew Perkins, 26, of Rose Hill, entered a motion in Lee County Circuit Court to reconsider the 15-year active sentence he was given in December 2013. He was sentenced after pleading guilty to five counts of reproduction of child pornography and another 21 counts of possession of child pornography.

Perkins was also charged with child pornography-related counts after entering plea agreements in Tazewell and Buchanan counties. Perkins was given an additional seven years and six months incarceration as a result of those convictions.

During his hearing Tuesday, Perkins read a four page handwritten statement before Circuit Court Judge Tammy McElyea.

Perkins asked the judge to suspend all, or at least five years of his sentence, arguing that it was double jeopardy for him to be tried for the same offense in three separate jurisdictions, and that it was unfair for all three localities to aggregate his sentence for the same charges.

McElyea denied the motion, telling the court that the sentence she imposed was appropriate based on the law and the evidence presented by prosecutors.

Perkins also has a suspended 20-year sentence in Lee County in addition to the 15 years he was ordered to actively serve.

Perkins was reportedly on active duty with the Army National Guard when authorities began investigating him in April 2013 for downloading child pornography.

Lee County Commonwealth's Attorney Shawn Hines said his office was made aware of those activities after Perkins was monitored by the Southwest Virginia Crimes Against Children Task Force downloading the illegal videos.

Using the IP address the videos were downloaded to, Hines said Virginia State Police were able to track Perkins to a residence in Rose Hill where he lived with his father.

While executing a search warrant on the residence, Hines said agents located a computer in Perkins' room that contained hundreds of videos and pictures with boys and girls as young as 6 years old.

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