Donald L. Schnacker takes a seat beside his defense attorney Jacob Clark in Lewis County Superior Court.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A Winlock man with an an intellectual ability his lawyer described as less than that of a 7-year-old was given a shorter than standard sentence for sharing child pornography on the Internet today in Lewis County Superior Court.
Donald L. Schnacker, 30, was arrested by the FBI in December and has been held since then in the Lewis County Jail.
Investigators found evidence Schnacker used his phone and the Kik messenger app to access wireless internet from the library.
“Unfortunately he got into a situation where someone at the library had introduced him to child pornography and he began sharing it,” attorney Jacob Clark told the judge.
Clark told the judge his client at a young age suffered brain damage and also has mental health problems.
“I think initially, he didn’t realize it was a crime,” Clark told the judge. “His family explained to him it was not appropriate.”
Clark apologized in advance as he didn’t want to insult Schnacker, but said he believed his client’s intelligence is below his 7-year-old’s. He can learn, but his retention is problematic, Clark said.
Prosecutors and his lawyer had worked out a plea deal and asked the judge to give Schnacker 12 months in jail, instead of 15 to 20 months in prison. He had pleaded guilty earlier this month to one count of dealing in depictions of minors engaged in sexually explicit conduct.
Lewis County Deputy Prosecutor Melissa Bohm asked for the 12 months but didn’t offer any details for her request.
Judge Richard Brosey agreed, for the reasons given by Clark, and imposed 36 months of community custody after release. He also ordered Schnacker not to use a computer which is connected to the Internet.
Paul,
I agree wholeheartedly and believe that you have raised a very good point. I am curious myself now if they ever had him evaluated to test his competency. If they didn’t, they definitely should have. However, While I agree with you that if his mental capacity isn’t what it should be he shouldn’t be where he is at. I also don’t want him out running free in the community without some kind of supervision. The last thing I want to do is put people’s children at risk to becoming victims of sexual abuse. Maybe a group home or a faith based inpatient mental health program would suit him best.
-Bo Rupert
did this person ever get a mental health evaluation to determine if he was competent enough to be charged? Doesn’t sound like it. Alot of people with low iq’s do things, like drive and have children. It doesn’t mean that he should, but can. If he indeed does have a low iq, I would think it is not in his best interest to serve time.
That’s wonderful! This guy lives right next door to me. Had my girlfriend and her 5 year old son staying with me too while this guy was there. I never even learned about the raid on that house until a few days after it happened. And it wasn’t the cops who told me about it. It was a different neighbor who told me. And now this guy is back in that house and I have to live next to him. That’s just awesome! Oh and by the way since when can a 7 year old drive? Since he’s got the mental capacity of less than a 7 year old he shouldn’t be driving. Or raising a son, since a child cannot raise a child.
Just as long as this person with the mental capacity of child does not act on the impulses once he gets out.