A Canadian Forces captain based at 19 Wing Comox has received a 90-day jail sentence and three years of probation for accessing and possessing child pornography.
Capt. Glen Engebretson, 47, was sentenced Friday in Courtenay Provincial Court. Judge D. Cowling found Engebretson guilty in March of one count each of accessing and possessing the illegal material despite Engebretson’s claim that he inadvertently downloaded the material while searching the Internet for adult pornography. On Friday, Cowling directed a conditional stay on the first count.
Military police and members of the RCMP’s Internet Child Exploitation unit raided Engebretson’s Comox home in April 2010 and seized two computers. On the hard drives of those computers, investigators found deleted evidence of 122 images and 150 video files containing child pornography. Some of the videos were fragments of larger files.
Engebretson will serve his sentence on weekends at the Nanaimo Correctional Centre beginning June 7.
Crown prosecutor John Boccabella had asked for a jail term of eight to nine months while Engebretson’s lawyer Dennis Evans said a maximum of 90 days would be more appropriate.
Boccabella pointed to Engebretson’s refusal to acknowledge his crime - the accused maintains the material was downloaded accidentally - and his lack of “insight and remorse” in asking for the longer sentence.
Boccabella argued that the crime of possessing child pornography is “committed by choice” and that “there is no ‘heat of the moment’” in the decision to download the graphic material.
“Mr. Engebretson made a choice. The victims...did not have a choice,” he said.
In his submissions, Boccabella also provided a victim impact statement from another case in which a female child was sexually abused by her caretaker and the images posted on the Internet. In the statement, she said the worst part of her abuse was the repeated viewing and sharing of the photos by strangers, a situation she said made her feel re-victimized again and again.
In arguing for a lighter sentence, Evans pointed out that Engebretson had stopped downloading child pornography before he was caught by police, that he was not part of an existing online “sub-culture of child pornography” and that following his arrest, Engebretson had severely restricted his use of the computer.
He also highlighted Engebretson’s long and successful career as a navigator with the Canadian Forces and said there is a distinct possibility that Engebretson may lose his employment as a result of the conviction.
“The consequences go beyond what the court imposes,” said Evans, adding that the decision on his client’s employment will be made entirely in Ottawa.
Engebretson addressed the court Friday and explained the impact the case and subsequent publicity has had on his family. Calling himself a former “computer addict,” Engebretson said since his arrest, his family has been the target of harassment and social isolation. Garbage and pornography magazines have been left on the family property and Engebretson’s wife, who also works for the Canadian Forces, has received emails from coworkers from across Canada regarding the case.
Engebretson added that despite the difficulties, some good has come from the situation.
“I believe I have become a better husband and father to my family,” he said, his voice shaking. “I deeply, deeply regret my computer use.”
In handing down his sentence, Cowling said that were it not for Engebretson’s responsibility to provide for his family, he may have received a longer jail term. It is not yet clear if Engebretson will lose his job as a result of his conviction.
“It was a complex case with many unique factors that Judge Cowling carefully considered and balanced. I think it was a fair sentence and one which addressed the sometimes contradictory goals of sentencing in a very thoughtful way,” said Evans following the sentencing.
In addition to the 90-day jail term, Engebretson will be on parole for three years and he’ll be prohibited from attending areas where children are present, including parks and schools, for 10 years.
