The Fairfax County Police

The Fairfax County Police
Sweeping it under the carpet for over fifty years

Tuesday, April 15, 2014

Questions about former Augusta police officer's sentence


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.
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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.
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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.