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House arrest ordered in child pornography case

Claar will serve 22 to 44 months, 10 years’ probation

HOLLIDAYSBURG — An Allegheny Township resident with physical limitations and health issues will be serving 22 to 44 months on house arrest as part of a state sentence handed down Friday for possession of child pornography.

Austin Charles Claar, 36, Duncansville, accepted the house arrest, followed by 10 years’ supervision, over a sentence of 12 to 24 months in the county prison.

President Judge Elizabeth Doyle presented the sentencing options after hearing defense attorney Thomas M. Dickey speak of his client’s physical limitations.

Claar walked into court with a severe limp and has limited use of one arm. He has had two strokes and is currently being treated by five medical care providers who submitted information to the court.

“I understand that he should be punished, but I think he will be at risk in prison,” Dickey said. “Wherever he’s put, he should be safe and it shouldn’t be a death sentence.”

Dickey initially asked Doyle to consider a probationary sentence, pointing out that Claar had no prior record and cooperated with the investigators who traced child pornography files to Claar’s computer and cellphone.

“He provided his password to the agents, saving them a lot of time and hassle,” Dickey said.

Deputy Attorney General Christopher Jones said that Claar’s cooperation with investigators was acknowledged when the agency agreed to accept Claar’s guilty pleas to five of the 13 felony counts of possession of child pornography, allowing the others to be dismissed.

Jones asked Doyle to consider a sentence falling in the state’s standard range guidelines, beginning at 22 months, for a conviction on child pornography.

“I simply can’t cast aside the seriousness of the conduct here,” Jones said.

Jones also told the judge that the state prison has medical care available to address Claar’s needs.

Doyle, who spoke with the attorneys at the bench after hearing their presentations, subsequently allowed Dickey to talk briefly with Claar and his family.

Upon hearing that Claar preferred the state sentence with house arrest, Doyle spoke of its potentially greater risk.

“It can be a lenient sentence if you adhere to it in every way,” Doyle told Claar. “It can be a harsh sentence if you don’t.”

The judge said Claar will be permitted while on house arrest to leave for medical appointments but nothing else. A stop at a restaurant, she said, will land him in a state prison.

Dickey said he and Claar were satisfied with the sentence allowing Claar to remain in his Allegheny Township residence where his family members are providing him with proper care.

“This was a very unique case in light of my client’s conditions, and I’m pleased that the judge was willing to consider all the factors,” Dickey said.

Doyle asked Claar about his income and ability to pay for house arrest, which she said would include electronic monitoring costing about $350 to $400 a month. Dickey said he discussed that with Claar and his family.

“They believe it’s worth it,” he said.

The judge also told Claar that his sentence will forbid him from possessing or using a computer or any device capable of receiving Internet images.

Claar offered no protest and told the judge: “I will never do this again. It was a stupid action on my part.”

Mirror Staff Writer Kay Stephens is at 814-946-7456.

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