Dominick Doria, 25, awaits sentencing on 39 counts of sexual exploitation of a minor charges. (Tavia D. Green / The (Clarksville, Tenn.) Leaf-Chr)
CLARKSVILLE, TENN. — Judge Mike R. Jones sentenced a former Fort Campbell soldier to serve 13 years in the Tennessee Department of Corrections for downloading and viewing thousands of images of child pornography.
Following a jury trial in August, Dominick Doria, 25, was convicted of 39 counts of sexual exploitation of a minor. Of those counts, four were B felonies punishable by eight to 12 years; 11 were C felonies punishable by three to six years; and 24 were D felonies punishable by two to four years.
During trial it was revealed that approximately 3,800 images were found on his laptop computer during a forensic evaluation.
Following a sentencing hearing Monday afternoon, Judge Jones merged all the B felonies and sentenced him to nine years in prison, merged all C felonies and sentenced him to four years, and merged all D felonies and sentenced him to three years. The nine-year sentence will be served consecutively with the four-year sentence, giving him a 13-year sentence.
Doria must serve 100 percent of the nine-year sentence and must register as a sex offender.
His family became emotional as the sentence was read, and Doria was seen wiping his eyes.
Dan Brollier, assistant district attorney, who prosecuted Doria, did not call any witnesses to testify.
Chris Clark, Doria’s defense attorney, called three family members of Doria to testify about his character.
Doria’s mother testified that Doria and his wife were living with her in Florida. She said he had two deployments and was honorably discharged, which she said was unrelated to his charges.
His father and wife also testified. His wife said she had a baby three weeks ago, and Doria was not able to be there for the birth of his son because of his conviction.
Doria decided not to make a statement in his own behalf.
Brollier said there were multiple victims in Doria’s case.
“There were hundreds and hundreds of victims in this case. There are hundred if not thousands of minor children being sexually abused in these images that were videos and images he had in his possession,” Brollier said.
“He didn’t make the videos, but every time that video is viewed, that child is being re-victimized. I would submit that this case be considered with the many, many victims. The state asks the court to enter sentences at the maximum range for B, C and D felonies.”
Brollier said the abuse depicted in the images were horrific, including one of an infant not 2 months old being sexually abused.
Clark talked about how those who created the images and those who view the images are different. He argued Doria’s clean criminal history and military service.
“It’s a chance he didn’t even know the images were there,” Clark said. “Many were thumbnail images that had been deleted. It is an extremely serious sentence for someone who has never had a run-in with the law in 20 something years and has honorably served our country.”
Clark said the punishments in sexual exploitation cases are harsher than those in cases where children are abused.
“The legislative branch doesn’t trust the judicial branch in this statute — they start lumping people together in different categories. Mr. Doria has been lumped with people who produce these materials. A person who actually abused a child got nine years. Mr Doria has never abused a child,” Clark said.
“I don’t want to depreciate the seriousness of it, but there is a big difference than having images on a computer probably produced in other countries.”
Clark asked for the minimum eight-year sentence, and for Doria to be treated as an especially mitigated offender and for his sentence to be reduced by 10 percent.
“He has already had to miss the birth of his child,” Clark said. “His child will be seven or eight at the minimum before he can hold his child. It’s something he has to think about every day.”
Jones sentenced Doria to a crime he referred to as serious.
“It gives the court a great deal of trouble because each image was a part of the offenses and may have had more than one victim,” Jone said. “The hardest part of the case is what do you do with a man who on the outward (appearance) was doing well but on the inward was watching child pornography.”