Vermillion man convicted of child porn charge

By Travis Gulbrandson

travis.gulbrandson@plaintalk.net

A Vermillion man has been convicted of one count of possession, manufacture or distribution of child pornography.

Roland Gilbaugh, Jr., 69, was sentenced to 10 years in the state penitentiary, which were suspended based on his complying with a variety of terms including being supervised by a chief court services officer, following the requirements of a psychosexual evaluation and having no unsupervised contact with children.

Judge Glen Eng ruled that Gilbaugh must serve 180 days in the county jail. He will serve the first 130 now, with credit for the 122 he already has served.

He will be required to serve the rest of the time in periods of 10 days each over the next five years. These periods will begin each July 1, Eng said.
Gilbaugh also is required to pay a fine of $1,250 and more than $2,000 for his psychosexual evaluation, along with other assorted court costs.

The sentencing took place Tuesday at Clay County Courthouse.

Gilbaugh was arrested on May 31 by the Vermillion Police Department following a report of an older male “hanging around” Prentis Park taking photos of small children in the playground and pool area.

According to a press release from the police department, the person who made the call was a supervisor for a summer children’s program and was “suspicious of the man and felt uncomfortable with the attention he was giving to the children.”

Gilbaugh was confronted by an officer, whom the release said became convinced the “photographic efforts were for nefarious purposes.”

Following an investigation, three computers, multiple hard drives, hundreds of CDs, DVDs and other digital storage devices were seized from Gilbaugh’s apartment.

Initial review of these items revealed they contained child pornography, although forensic examination continues, the press release said.

In court on Tuesday, Gilbaugh’s lawyer, public defender Jason Rumpsa, said that while his client’s computer did contain images of child pornography, they were put there automatically during mass downloads.

“He did not pick them,” Rumpsa said. “When he would see such images, he would delete them.”

Gilbaugh said Tuesday that he was downloading pictures from the Internet for use in a graphic novel.

States Attorney Teddi Gertsma said the screensaver on Gilbaugh’s computer contained child pornography, which would not necessarily have happened because of a blanket download.

Rumpsa said that Gilbaugh has no criminal history, and that the findings of the psychosexual evaluation may have been “relying on skewed police reports.”

Rumpsa added his client has “taken responsibility for what he did have (on his computer) and has tried his best to be honest. I don’t think that always comes through.”

In his statement Tuesday, Gilbaugh said, “I didn’t set out to hurt anybody. … It happened, and I’m trying to correct it.”

By contrast, in a hearing that took place in June, Gilbaugh had said, “I don’t really know anything,” when he was asked by Judge Eng if he had any questions about the charges against him.

Gilbaugh initially was charged with 10 counts of possession, manufacture or distribution of child pornography, but struck a plea deal for only one count on Aug. 20.

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