Anne Meyer,
AUGUSTA, Kan. -
Questions in a Kansas town
about a judge's ruling against a former police officer. Jerry Ballinger of
Augusta was arrested last year and charged with having sex with a 14-year old
girl.
He later pled guilty to a
lesser charge. On Monday the Judge gave him to probation and 59 days of house
arrest.
That caused many to ask
questions on Facebook and other social media sites. Some said "Probation?
Are you kidding me? Most people wondered why the Judge gave Ballinger a light
sentence.
According to court documents,
the former Augusta police officer was arrested last July. Ballinger was accused
of having sex with a 14-year old girl on two separate occasions.
In February, Ballinger made a
deal with the State and agreed to plead guilty to one count of attempted
aggravated indecent liberties with a child. That is a level five person felony.
During his sentencing in Butler
County court Monday, prosecutors asked the Judge to sentence him to 34 months
in prison.
But Ballinger had no criminal
history and according to a sex offender evaluation before sentencing, he had a
very low likelihood of reoffending and was a good candidate for treatment.
Those factors allow a judge to
give probation, instead of jail time. Which is what Judge David Ricke did. But
also added some additional time.
Kansas sentencing guidelines
show 36 months is typical for this situation, but Ricke increased the sentence
to 60 months probation and added another 59 days of house arrest. A stiffer
penalty under the guidelines.
Ballinger did not want to talk
on camera, but said several times that what he did was wrong. He said he pled
guilty to the charge instead of going to trial, so he could move on with his
life and provide for his family.
Ballinger lost his job, and
says his wife did too because of this. He repeatedly said he is not a predator,
and just made bad choices at a difficult time of his life. He also wishes
people would leave him be, especially on social media.
Ballinger will be back in court
April 21st to find out if the Judge will give him lifetime post release. If
that happens, Ballinger could go to jail at any time for the rest of his life
if he commits another crime.
---
A former Augusta police officer
was sentenced to probation Monday after pleading guilty to attempted aggravated
indecent liberties with a child.
Jerry Ballinger will serve 60
months probation with community corrections. He also has to enter a sex
offender treatment program and register as a sex offender for life.
Other parts of Ballinger's
sentence include paying for all of the victim's therapy, paying all attorney
fees, having no contact with children under 16-years-old and submitting DNA to
KBI.
---
An Augusta police officer has
been arrested and stands accused of
indecent liberties.
Police confirm Jerry Ballinger
was arrested after an internal police investigation earlier this week.
According to court documents,
Ballinger engaged in intercourse with a 14-year-old female at least two times,
once in April and once in June.
He was originally charged with
two counts of Aggravated Indecent Liberties with a Child.