Man charged with 8 counts in pedophilia case to be sentenced Friday | Local News

Garner, who was initially charged in December with six counts of sexual conduct with a minor under the age of 15, had two more counts for the same offense added to his record in January. Garner pleaded guilty to two counts of attempted sexual conduct with a minor during a change of plea hearing in April, under an agreement with Mohave County prosecutors.

Under the agreement, Garner could be sentenced to up to 10 years in prison and serve a lifetime of supervised probation as a registered sex offender. The Mohave County Public Defender's Office this month released details of the case and factors that may influence the court's decision last month, in the form of a sentencing memorandum dated 7 may.

According to Mohave County Deputy Public Defender Bob Heick, the incidents in Lake Havasu City occurred between November 1 and December 28. In the two incidents Garner admitted to, Heick said there was no violence. The victim in these incidents allegedly told her aunt about her relationship with Garner during an argument, after which Heick said the victim's aunt threatened to kill the defendant.

Heick described Garner's life at that time as unstable, citing methamphetamine abuse during his relationship with the victim, lack of means of income and no permanent residence in Havasu.

In his sentencing memorandum, Heick asked the court to impose a minimum sentence of five years for the crime of attempted sexual conduct with a minor, with less than a lifetime of sex offender probation. Heick cited mitigating factors in the case, including the fact that Garner had no prior felony convictions.

Garner was extradited from Havasu to Las Vegas last May to stand trial in a Nevada case that included five counts of lewdness with a child under 14 and two counts of sexual assault against a child under 14 years old. Those charges were dismissed late last year by Nevada prosecutors.

Heick also cited Garner's apparently difficult upbringing, with a physically abusive father and a mother who regularly used narcotics. Garner began using drugs when he was 14 or 16, Heick said, and eventually ran away from home. Garner remained homeless until his 20th birthday, while his methamphetamine addiction continued until his arrest in December.

According to Heick, Garner's impairment under the influence of methamphetamine limited his ability to understand the wrongfulness of his conduct – a mitigating factor in sentencing, Heick said, but not in itself a defense of Garner's alleged actions.

Heick says Garner doesn't want to return to meth use and will take advantage of any treatment options available to him in prison. According to Heick's sentencing memorandum, Garner's declining mental health, limited education and continued poverty remain obstacles to overcome as he faces life after his sentence ends.

“Based on the foraging, a less than presumptive sentence is appropriate in this case,” the memorandum states. “Prolonged incarceration of the defendant is not necessary because a reduced sentence in the Department of Corrections will reliably deter and rehabilitate the defendant.”

Heick's arguments for a reduced sentence will be heard and considered at Garner's sentencing hearing Friday in Mohave Superior Court.