Saturday, May 18, 2024
55.0°F

Polson man gets 30 days for possession of child porn

by Megan Strickland Daily Inter Lake
| November 5, 2016 7:00 PM

A Polson man was ordered Oct. 28 to serve 30 days in federal prison and 15 years on probation after he pleaded guilty to one felony count of possession of child pornography in U.S. District Court in Missoula.

Nicholaus Wade Mangels, 30, was also ordered to pay $3,000 restitution to one of the identified victims in the images and a $100 assessment by federal Judge Dana L. Christensen.

According to court documents, in June 2014 Mangels was first identified as the possible recipient of child porn, based upon an investigation that originated in Arizona.

Authorities were able to link his online presence to an address in Polson and the Department of Homeland Security searched Mangels’ residence on Feb. 5, 2015. Mangels’ computer was forensically examined and multiple images were found of children, some as young as 5 years old, engaged in sexual conduct. The investigation determined that the files had been created between Dec. 19, 2010 and Jan. 21, 2015.

In their investigation authorities found that Mangels had engaged in sexually explicit chats on Yahoo messenger that amounted to 200 pages of evidence.

According to court documents Mangels discussed “obtaining sexual gratification from a 5-year-old girl climbing into his lap, a 10-year old girl being raped by a dog, and how his preference was girls aged 6-12.”

He also allegedly traded images of the children with other users.

“In sum, these chats reveal that Mangels was not satisfied with merely collecting and looking at images of child pornography,” Assistant U.S. Attorney Cyndee Peterson wrote in sentencing recommendations to the judge. “Rather, Mangels wanted to establish relationships with like-minded offenders. Mangels relished discussing the victims depicted in the shared images and videos, how to obtain sexual gratification from children, and specific scenarios in which prepubescent girls were sexually abused.”

With his guilty plea, Mangels could have been sentenced up to 20 years in federal prison.

“There is no mandatory minimum for possession,” explained Melissa Hornbein of the U.S. Attorney’s Office.

There are mandatory minimum sentences for creating child pornography. Hornbein said that prosecuting attorney Peterson had argued for a six-year prison sentence, followed by 10 years on federal probation.

Peterson wrote in her sentencing recommendations that while Mangels might not have created the images himself, the act of sharing them still caused harm.

“Through his unfettered distribution of child pornography, Mangels enabled and encouraged the sexual desires of unknown individuals who may be more dangerous than him,” Peterson wrote. “The sharing of child pornography images and videos, coupled with prurient conversations regarding their content (as Mangels did in this case), reduces inhibitions and affirms the beliefs of some individuals that their sexual interest in children is normal.”

Public defender Michael Donahoe argued for a “sentence of probation or a brief term of local incarceration” in his sentencing recommendations.

“Mr. Mangels is a born and bred Montanan who voluntarily served our country in a Middle East war zone,” Donahoe wrote. “He has no criminal history beyond the instant offense. He suffers from PTSD [post-traumatic stress disorder] and is being treated for it locally by the VA. He has little education and/or economic power.”

Donahoe pointed out in the recommendations that if Mangels stays out of trouble for 10 years, he will be able to be released from his obligation to register as a Tier I sex offender. Tier I sex offenders are designated as least likely to re-offend.

Donahoe claimed that probation time would benefit Mangels.

“Granted, Mr. Mangels will still suffer firearm possession/ownership restrictions and other civil disabilities such as loss of the right to vote or hold public office; nonetheless at least Mr. Mangels will have the chance to return to the community as a rehabilitated offender who saw the light and resolved to follow it,” Donahoe wrote.

According to Donahoe’s sentencing recommendations, Mangels has shown both sorrow and remorse for his offense, which Mangels has indicated was a “terrible crime.” Mangels has expressed regret for the dishonor he brought his family and is glad his home was searched because it enabled him to seek counseling, Donahoe wrote.

“In combination Mr. Mangels’ deep remorse, his strong motivation to change and reacquire at least some of his stature as a good and law abiding Montana citizen each and all point toward a lenient sentence not involving any substantial term of incarceration.”

Christensen’s written judgment did not provide any insight as to why the sentence was imposed.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.