DARLINGTON — A Gratiot man was sentenced last week in Lafayette County Circuit Court to three years on probation for sending sexually explicit content to an underage girl.
Tyler R. Everson, 23, pleaded no contest Friday, Feb. 8, to a Class F felony charge of causing mental harm to a child and two misdemeanor charges of exposing a child to harmful material. As part of a jointly recommended plea deal, a Class D felony charge of possessing child pornography was dismissed.
Defense attorney Jonas Bednarek said the case was not complex, but his client was. He said Everson suffered an anoxic brain injury at birth that affects his ability to process and understand information. Bednarek said he spent more time on Everson’s case and with Everson than he usually would, but believes Everson does understand the charges.
“I do not believe that his organic syndrome has risen to compromise (this case). He does understand what he did was wrong,” Bednarek said.
The case stems from an investigation into photos shared with two girls, ages 14 and 15, in April 2017. Staff at the girls’ school reported the activity.
According to the criminal complaint, the 14-year-old told police she received a nude photo of Everson on her cellphone. The 15-year-old also reported receiving nude photos from him and said she and Everson communicated via Facebook Messenger and Snapchat, including video chats.
Everson denied sending the initial nude photo of himself and said a friend sent it using his phone because the friend knew his password.
A search of Everson’s phone showed messages between Everson and the older girl. At one point he asked her how old she was, to which she truthfully answered 15. He subsequently pressured her to send him photos and video of sexual activity.
Everson has been on probation since November 2017 for three unrelated misdemeanor cases, including fourth-degree sexual assault. Court records indicate that in July 2016, he reportedly punched a 16-year-old girl in the eye and then sexually assaulted her with a pipe-shaped object while calling her names. He was reportedly drunk at the time and during two subsequent arrests in the summer of 2017.
Everson does struggle with substance abuse and is going through treatment, said District Attorney Jenna Gill. She said it took time to find a resolution for the felony child porn case.
A psychosexual evaluation of Everson found no concerns of sexual deviance or that he would similarly reoffend in the future, Gill said. Everson has completed a sex offender assessment with the Wisconsin Department of Corrections and has begun participating in a sex offender adaptive group.
“He has some different challenges in life, such as alcohol-abuse issues, but I have no real concerns about him being a sexual predator,” Gill said.
She and Bednarek jointly recommended three years of probation.
Everson’s brain injury has dramatic influence on his social and cognitive functioning, Bednarek said, noting that he and Everson’s probation agent have been setting goals for him and they have been effective.
When given the opportunity to address the court, Everson said he wants “to stay out of trouble.”
Lafayette County Judge Duane Jorgenson agreed with Bednarek about the complexity of his client.
“I am going to use the onion example,” Jorgenson said. “There are many layers to this onion and when you slowly peel it back, you can hopefully get to the core issues.”
Jorgenson said he did not see any criminal thinking in Everson but an individual struggling to mature.
“This would be a far different situation if I felt that there was some criminal thinking going on here,” Jorgenson said.
He accepted the joint recommendation of three years on probation but reserved the ability to modify Everson’s rules of probation “based on how things progress.”
Jorgenson told Everson it all came down to him, and as he gets older, he will need to rely on himself more, but at this point, there should some level of supervision.