In the memorandum, McKinney's attorney, Branden Twibell, Springfield, cites the death of McKinney's son, who was found frozen in a ditch in Oregon in 2017, post traumatic stress syndrome related to his being involved in a shooting in 2003 when he was a police officer and mental health issues as mitigating factors.
McKinney, 43, could be sentenced to as much as 20 years in prison.
From the sentencing memorandum:
Gary McKinney has accepted responsibility by entering a guilty plea on August 12, 2019, to the charge of receipt and distribution of child pornography.
The offense that Gary was charged with and has plead guilty to is the possession of approximately 506 images and 148 videos that contained unlawful images. Gary’s only adult criminal convictions are for not having a valid license plate, two speeding tickets, and, most recently, a display of state license plate violation in 2015. He has no juvenile adjudications, no other criminal conduct, no pending charges, and no arrests.
On December 27, 2017, Gary’s son, Robert McKinney, was found frozen to death in a ditch in Oregon. The death of Robert greatly affected Gary, causing him to have suicidal thoughts and to consume a fifth of whiskey a day for almost the entire year following Robert’s death.
Additionally, Gary’s wife filed for divorce from Gary in September of 2019. Gary has not spoken to his two other sons,since being arrested in this case. Moreover, Gary suffers from several mental health issues, including post-traumatic stress disorder from being involved in a shooting as a police officer in 2003, and depression and anxiety.
However, Gary does have his GED and completed the Missouri Southern State University law enforcement academy’s 500-hour program in 1997. Gary’s employment record shows a long history of serving several communities as a law enforcement officer officer for approximately 17 years.
Gary is asking this Court to sentence him to 15 years in prison without parole. His ability to communicate, and have any type of a relationship, with his two teenage sons will be severely limited. Additionally, his wife of over 25 years has left him because of this charge. Thus, these factors reflect the seriousness of the crime in this case, promote respect for the law, and provide just punishment.
The above-stated consequences are adequate to deter others who may not be aware of the serious criminal penalties for receiving and distributing child pornography.
The PSR does discuss the impact that Gary, and anyone in receipt of child pornography, had on the child victims in this case. Gary’s illegal action was to be in receipt of child pornography; therefore, Gary being sentenced to 15 years in prison will be sufficient to deter him from committing any future crimes.
Additionally, Gary being ineligible for probation and sentenced to 15 years in prison, away from his sons, without parole, will be sufficient to deter him from committing any future crimes.
Gary would benefit from obtaining sexual offender treatment, as well as counseling, therapy, and substance abuse treatment. The bureau of prisons may provide some of these services.
McKinney is the former owner of McKinney Plumbing and also served on the Webb City and Duquesne police departments.
McKinney's hearing is scheduled for 1 p.m. Wednesday, February 26, in Springfield.
2 comments:
This is why we have therapy. Yes, I will agree that this man has PTSD which is a mitigating factor, however, child pornography crosses over into perversion which is a separate disorder. This isn't looking at Playboy or Hustler to get your rocks off and de-stress. This is a disorder when you involve others (children) in your need to de-stress. This will be a tough decision for a judge, but if this man will enter intense therapy and given a lesser sentence (one that the victim can tolerate), then he may have a chance at normalcy. I lost a child and it is not easy to cope, but it can be done by anyone without improper behaviors needed to do it.
After reading some of the things listed in his probable cause affidavit and the very specific things he was after, I’m fairly comfortable with knowing that I won’t have to worry about him out loose in the world for 20 years.
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