David Bay - Cognitively Distorted Child Predator

WAUPACA — A 59-year-old man a prosecutor said was grooming a 15-year-old girl for sex — and who took several photos of her naked — will serve three years in prison.

The three years in prison and 10 years of extended supervision Waupaca County Circuit Judge Ray Huber ordered for David Bay is a fraction of the sentence of 30 years in prison and 20 years of extended supervision requested by Assistant Dist. Atty. Brenda Freeman.

However, it was more than the probation and counseling requested by Bay’s family.

Bay, of Glidden in Ashland County, was arrested lurking around the victim’s home in Clintonville. He was sentenced Tuesday on five counts of possession of child pornography.

He had faced up to 45 years in prison and 40 years of extended supervision, but 16 counts of possession of child pornography and one count of carrying a concealed weapon were dismissed and read into the record in a plea agreement.

Huber also sentenced Bay to 13 years of probation running at the same time as the prison sentence. He ordered Bay to register as a sex offender, participate in sex offender counseling and have no unsupervised contact with anyone under 18.

“He has been, from all indications, a stable member of the community and a productive member of the community,” Huber said, but prison is warranted because of his “distorted thinking,” his “complete lack of understanding or the consequences” of the incident and his “lack of insight.”

Bay sobbed throughout the 75-minute hearing.

CRY BABY

“I made a wrong turn in the road and I apologize to everyone,” Bay said.

He has refused to accept blame for the acts, however, and laughed and joked with the writer of the presentence investigation and with a psychologist who interviewed him, Freeman said.

Freeman said Bay claimed he and the girl had an “ongoing sexual relationship.”
The only reason the relationship was not consummated, Freeman said, was “he got caught.”

Defense attorney Kevin Musolf said Bay had a good work record, has been married for nearly 37 years, was a good father and had no alcohol or drug abuse problems.

“There is nothing but positive things to say about Mr. Bay,” he said. “Everything is in his favor. There is no reason to put him in prison other than punishment.”