Partial plea deal made in child pornography case
Judge severs one felony charge, will issue verdict on count at later date
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HOLLIDAYSBURG -- A Blair County judge severed one charge to continue being tried Thursday and accepted guilty pleas for nearly 50 other felony counts in the case of a man accused of possessing more than 21,000 files of child pornography.
Nasir Debonaire Garner, 27, faces more than 100 felony charges, including 45 counts of child pornography and 43 counts of photograph/film/depiction of a computer sex act with a child. He has been held at the Blair and Cambria County prisons since his arrest in mid-July 2023 after being unable to post $750,000 bail.
Garner was scheduled Thursday afternoon for the second and final day of his trial by court, with the first day occurring in mid-May. Prior to the trial reconvening, First Assistant District Attorney Nichole Smith informed presiding President Judge Wade A. Kagarise that a partial resolution had been reached with Chief Public Defender Julia Burke.
As a part of the resolution, Garner's single felony count of criminal attempt to commit involuntary deviate sexual intercourse with a child was severed from his remaining 103 charges. Of the remaining charges, Garner entered a guilty plea to the 43 felony counts of photograph/film/depiction of a computer sex act with a child, two felony counts each of child pornography and disseminating child sexual abuse material and two misdemeanor counts of indecent assault of a person less than 13 years of age.
In exchange for his guilty pleas, all remaining charges against Garner will be dismissed and his sentence will be open to the court's discretion. Kagarise ordered a pre-sentence investigation and for Garner to be assessed by the state Sexual Offender's Assessment Board.
After accepting the agreement, Kagarise concluded the case's evidentiary record as both the prosecution and defense rested their cases without calling any additional witnesses or presenting further evidence. Garner decided against taking the stand in his own defense.
Kagarise will issue a verdict on the single felony count at a later date. Sentencing has also yet to be scheduled for the charges to which Garner pleaded guilty.
The investigation into Garner began on July 16, 2023, after Altoona police were dispatched to the 400 block of Walnut Avenue for a witness who reportedly found Garner holding the pants and underwear of a 3-year-old child.
After the witness found Garner with the child, Garner left the residence and called police to give his side of what occurred at the Walnut Avenue home. Garner said he was showing the girl a hamster and taking pictures of the pet. He told police he called them because he knew what the witness would allege and "he would never do that to a child."
Police seized two cellphones from Garner and executed search warrants for their contents on July 17, 2023. Officers noted that an initial search yielded child pornography, with a later forensic examination turning up more than 20,000 images and 1,300 videos on the devices.
Garner was able to be identified in some of the content due to a distinctive tattoo, police reported.
Police reported that 290 videos and/or photos of prepubescent child pornography were found on one of Garner's cellphones, with 43 of those made by Garner involving known victims.
During the case's first day of trial by court, Smith had called upon Altoona Police Det. Jon Burns, who said he was assigned to the case on July 17, 2023. Burns testified that child pornography was located on Garner's devices, with several of the hundreds of photos and videos depicting two children known to Garner, who were 3 and 4 years old at the time of the alleged crimes.
Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.