Sexual predator gets jail time

Photo: Carmen Weld

David Clayton Willerth exits the Vernon Court House on Tuesday.

2 p.m. update:

David Clayton Willerth was given a sentence of four years and nine months Friday morning for child porn related charges.

For time served, the sentence will be minus 168 days (approximately 5.6 months).

On Tuesday this week, Willerth, 40, pleaded guilty to 18 of the 25 counts.

Friday morning Supreme Court Justice Peter Voith spent nearly an hour reading his sentence.

Willerth sat in the prisoner’s box, head down fiddling with his hands the entire time. His head was cleanly shaved and he had a big full beard; he wore a red jumpsuit and white sneakers.

Voith said Willerth’s actions were manipulative and planned. Noting that Willerth had told police he thought he could get away with it.

“His actions were predatory in the truest sense of the word,” read Voith in his sentencing.

On Tuesday, Crown counsel Shirley Meldrum called his actions "predatory and planned," and asked Supreme Court Justice Peter Voith to hand down a six to seven year sentence, plus a 20-year designation on the Sexual Offender Registry, a firearms ban, a DNA order and other restrictions regarding contact with children and internet use.

While Defence counsel David Johnson asked for a three-year sentence in the federal system so that Willerth can get the help and counseling he needs.

Voith said in coming to his decision he took into account that Willerth’s guilty pleas saved the victims from standing trial, but also needed to remember several aggravating factors.

These include his lengthy criminal record, and the fact the offences were committed while he was already prohibited from contacting any girl under the age of 18, due to a prior conviction of criminal harassment in 2012 when he created a fake profile under his ex-girlfriend's name.  

When the final part of the sentence was read, the time he would serve, Voith asked Willerth to stand.

Voith told him he would serve four years and nine months in jail, minus time served, for his crimes.

He said the sentence would allow Willerth time in the federal system to get the help he needs.

The judge said the four years were for the 17 luring charges while the additional nine months was for a child porn charge, both to be served consecutively.

Voith agreed to the additional requests by crown to give Willerth a 20-year designation on the Sexual Offender Registry, a firearms ban, a DNA order, and restrictions regarding Internet use and contact with children. 

9:54 a.m.: David Clayton Willerth was given a sentence of four years and nine months Friday morning for child porn related charges.

For time served the sentence will be minus 168 days (approximately 5.6 months).

Tuesday morning in a Vernon courtroom, Willerth, born in 1974, pleaded guilty to 18 of the 25 counts. They stem from incidents in the Spring/Summer of 2013 when Willerth allegedly had conversations with a total of 16 known victims, between the ages of 12 and 16.

Crown counsel Shirley Meldrum called his actions "predatory and planned," and asked Supreme Court Justice Peter Voith to hand down a six to seven year sentence, plus a 20-year designation on the Sexual Offender Registry, a firearms ban, a DNA order and other restrictions regarding contact with children and internet use.

As part of the Crown’s submissions, Meldrum explained that Willerth used Facebook as a means to find and contact his victims. He would present himself as a modeling agency for teens and offer them contracts, fame and cash (between $3,000-$5,000) if they sent him nude photos.

Meldrum told the court that Willerth used one of the girls to find others, instructing her to tell them he was a legitimate agency, and in turn, she would get extra money to be paid in cash. He would then play the girls against each other, often asking "What will you do to stand out over the other girls?" 

One 12-year-old victim allegedly told him to stop contacting her, but he persisted, which made her feel harassed and in danger.

Willerth also attempted to meet these girls on a number of occasions, even telling one girl what to wear and promising her $80. None of the girls ever attended the planned meetings.

The parents of two 14-year-old girls were eventually made aware of the situation and police became involved. The IP address associated with the Facebook account was tracked to Willerth’s Vernon home.

At the time of his latest arrest, Willerth was already prohibited from contacting any girl under the age of 18, due to a prior conviction of criminal harassment in 2012 when he created a fake profile under his ex-girlfriends name.