SOUTH BEND – A young Walkerton pastor’s son will spend no time behind bars after he pleaded guilty in late December to five counts of possession of child pornography – which included sexual acts involving toddlers – and a single count of burglary for peering at a neighbor’s daughter in her bedroom.
St. Joseph Superior Court V Judge Jane Woodward Miller sentenced David A. Waun, 23, on Dec. 20 to a two-year suspended sentence for each of his five counts of possession of child pornography. She sentenced him to a four-year suspended sentence for the burglary count.
Each of the suspended sentences will run consecutively, meaning they will be served one after another.
But the sentence means Waun will spend no time behind bars despite his guilty plea.
Woodward Miller also ordered Waun to serve 14 years of probation with the first six years served under home detention supervised be Michiana Community Corrections.
Waun also has to undergo “intensive outpatient psychotherapy to address sexually maladapted behaviors and to address other conditions including autism and (Attention Deficit, Hyperactivity Disorder),” according to Woodward Miller’s sentencing order. “To submit to polygraph examinations including initial sexual history polygraph examination and maintenance polygraph examinations quarterly to ensure abstinence from pornography, sexual maladaptive behavior (and) futuristic sexual behavior.
“(Waun) is to have no access to the internet until such time as his therapist recommends and the court approves following hearing,” the judge continues. “(Waun) is to adhere to any medication protocol as recommended by therapist. To participate in any social skills training recommended by therapist. To participate in any job training and employment as therapist recommends. Defendant is to have no contact with minors in any private settings even under supervision or in any public setting without supervision.”
The order states that Woodward Miller made a sentencing statement, but does not include it. It also does not list any aggravating or mitigating factors in handing down Waun’s sentence.
In an agreement with the St. Joseph County Prosecutor’s Office, Waun agreed to plead guilty to the charges. His sentenced was to be argued between prosecutors and his defense attorney with the sentence capped at 10 years. It wasn’t clear in the sentencing order why he was given a 14-year suspended sentence and 14 years on probation instead.
Deputy Prosecutor Eric Tamashasky handled the case for the St. Joseph County Prosecutor’s Office. South Bend-based George Catanzarite was Waun’s attorney.
Prosecutors in South Bend charged Waun in September 2018 with four counts of possession of child porn, all Level 5 felonies. Each of those charges were punishable by one to six years if convicted.
According to court documents and a prosecutor’s office news release when the original investigation was announced:
An Indiana State Police investigator with the Internet Crimes Against Children Task Force received a tip from the National Center for Missing and Exploited Children in April 2018.
The National Center for Missing and Exploited Children said it had received information from Google-owned YouTube that someone was trying to upload child pornography to the site.
The organization was able to provide investigators with the person’s Internet Protocol address, essentially identifying the physical location of the computer being used to upload the child pornography.
Investigators were able to determine the child pornography was being uploaded from a Walkerton home, which ultimately led to Waun’s residence and him as a person of interest.
During questioning, Waun admitted to uploading the images. He said he uploaded them to YouTube so he could then download them to his cellphone.
Detectives said Waun “described several interactions he claimed to have had with young children of a sexual nature,” according to the probable cause affidavit filed in the case. “During his interview, after describing encounters in detail, he then recanted and said police intimidated him into agreeing to the stories he just told. Some children he named have been interviewed and have not disclosed (alleged crimes) at this time.”
Waun also allegedly used his cellphone to film children playing at Antioch Baptist Church, 200 Maine St., Walkerton, where his father is pastor, as well as at the home of another local family. He said he was trying to “capture images of the children’s underwear during filming,” according to the affidavit.
After Waun was charged with four counts of possession of child pornography, the St. Joseph County Prosecutor’s Office later charged him with burglary and an additional count of possession of child porn.
According to court documents, the burglary count stems from Waun opening the window of a Walkerton family’s residence in October 2017 to use his cell phone to film the family’s youngest daughter in her bedroom. The girl’s age was not disclosed in the court papers.
He admitted to the crime, however.
Waun admitted to having a video in March 2018 of a 3-year-old girl engaging in sexual activity.
Waun did not respond to a request for comment through his attorney. As well, the St. Joseph County Prosecutor’s Office did not comment.