Man pleads in child porn case

4/13/2013

By The Telegram

By The Telegram

A Garden City man has pleaded guilty to one count of sexual exploitation of a child.

On Monday, Brian Ray Banister, 44, who was arrested by Finney County Sheriff's deputies in October on allegations of sexual exploitation of a child, rape, and indecent liberties with a child entered a guilty plea to one count of sexual exploitation of a child.

According to Finney County Attorney Susan Richmeier, there were 70 initial charges in that case.

She said the charge is in violation of K.S.A. 21-5510(a)(2), a level-five, person felony and depending on what Banister's criminal history indicates, could mean that he will be sentenced from between 31 months of probation and up to 136 months in prison.

"We anticipate his criminal history will fall in a border box (sentencing grid) and the recommendations by both parties at sentencing in this case are that he will serve out his time in this case, no argument for probation," Richmeier said in an email to The Telegram. "The other end result is that Mr. Banister will be subject to lifetime post-release and lifetime registration as a sex offender."

Post-release is lifetime probation, in which Banister would be required to check in with a probation officer on a regular basis and it allows that officer to enter Banister's home, any time.

A sentencing hearing will be held at 1:30 p.m. May 20 in Judge Wendel Wurst's courtroom.

Following that hearing, Richmeier said another case involving Banister, from incidents occurring on or around April 2012, will be scheduled for plea and sentencing. Richmeier said there are 10 charges in that case.

Because sentencing has not yet been complete on both cases, Richmeier said she could provide no further information.

"The cases are still ongoing and we don't want to affect the sentencing or the agreement prior to completion of both cases," she said.

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