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Judge sentences man for child porn

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Posted: Wednesday, August 3, 2011 12:00 pm

By Philip Jankowski

Killeen Daily Herald

BELTON - A 42-year-old Killeen man was sentenced Tuesday to 16 years in prison for possessing child pornography on a home computer.

Brian Keith Hayes, a former management trainee at the Killeen Fuddrucker's, could have faced up to 20 years in prison for a charge of possession with intent to promote child pornography. He pleaded guilty July 18.

Hayes showed little emotion as 426th District Court Judge Fancy Jezek read the sentence. After waving a right to appeal, he was taken into custody by Bell County sheriff's deputies.

Hayes has remained in Bell County Jail since his arrest Dec. 15 from a home in central Killeen. Investigators from the Texas Attorney General's Office located 46 videos and 388 images in his possession identified as child pornography.

Bell County Prosecutor Shelley Strimple played a sample of some of the videos seized from computers and CDs located in Hayes' home for the court.

Texas Attorney General Investigator Ross Burns explained the content of the videos. Burns testified that two videos selected at random showed a 3-year-old and an 8-year-old girl being sexually assaulted. One video also contained bestiality and elements of bondage.

Police arrested Hayes following an investigation by the attorney general's office into child pornography distribution over the Internet via peer-to-peer network software. Burns told the court he was able to download 44 images of child pornography from a computer later tracked to Hayes in July 2010.

During that time, those files would have been freely available to any person using the software, known as Gnutella, Burns testified.

"These are real kids," Strimple told the court during her closing arguments. "By downloading and sharing these images ... he encourages some of the most vile things that can be done to a child."

During the investigation, Hayes admitted to having a problem with child pornography for 28 years. He told investigators he was addicted to child pornography for 10 years.

Hayes told authorities he never sexually assaulted a child, Burns testified. His defense attorney, Mike Magana, told the court Hayes should be sentenced to probation because of a light criminal history.

"Simply locking him up is not the way to make society better," Magana said. "He has never had the opportunity to be properly rehabilitated."

Contact Philip Jankowski at philipj@kdhnews.com or (254) 501-7553. Follow him on Twitter at KDHcrime.

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