O'Neill man sentenced for possession of pornography

A 54-year-old O’Neill man was sentenced last week after he was found to be in possession of child pornography in 2021.

Mark P. McDermott faced the Honorable Mark Kozisec in the Holt County district courtroom in O’Neill on Jan. 9 for sentencing on two Class 2A felony counts of possessing visual depictions of sexually explicit conduct.

Kozisec sentenced McDermott to a three-year term of probation, 60 days in the Holt County Jail, with credit for 14 days previously served and taxed him $147 costs of prosecution. Provided he loses none of his good time, McDermott must serve 38 days, less the 14 days before his mandatory release. McDermott’s application for work release was granted, with several restrictions including no contact with any person under 14 years of age. He was ordered to pay probation fees totaling $930. McDermott is also required to comply with all provisions of the Nebraska Sex Offender Registration Act.

As part of his probation, the judge ordered McDermott not view or possess any pornographic or sexually explicit materials, not use or possess any electronic device capable of accessing the internet and not have any internet/WiFi service at his residence. He must attend and successfully complete treatment, approved by his probation officer and designed for sex offenders, with focus on misuse of child and adult pornography; attend outpatient Mental health treatment; not discontinue any treatment without approval of probation officer and take all medications as prescribed.

McDermott, who was represented by Holt County public defender Rod Smith, pleaded guilty to the two counts, pursuant to a plea agreement with Holt County attorney Brent Kelly, on Oct. 4, 2022. In return, Kelly dismissed three additional like charges.

He was arrested Jan. 31, 2022, following an investigation by the Nebraska State Patrol. NSP was called after allegations of child pornography were reported to the National Center for Missing and Exploited Children by the Microsoft Corporation on March 15, 2021. McDermott was identified as the subscriber of the identified internet protocol address in the case. According to a warrantless-arrest affidavit filed by the NSP investigator, more than 650 files of child pornography were found on McDermott’s electronic devices. The files included prepubescent females exposing their vaginas and having penial to vaginal sex with an adult male.