A judge gave an 8-year sentence to a former Germantown soccer coach convicted of charges related to child pornography, but it will run concurrent with a previous sentence, surprising counsel on both sides.

Ex-soccer coach’s child porn sentencing surprises both sides

The former Germantown youth soccer coach already serving a 12-year sentence for sex crimes against a 14-year-old girl was sentenced Thursday to eight years for child pornography-related charges and for cutting his ankle bracelet and traveling to Florida during his first trial.

But Justin K. Smith, 42, won’t serve beyond the original 12 years because Montgomery County Common Pleas Court Judge Mary Katherine Huffman ran the new sentence concurrent with Smith’s first.

“I think we are somewhat surprised there was no consecutive time, however, I would state that the 12-year sentence that he received initially was very appropriate for his behavior,” said Montgomery County assistant prosecutor Jennifer Weber. “Honestly, we would have liked to seen additional time for that.”

RELATED: Soccer coach convicted of sex crimes seeks to suppress cellphone images

Even Smith’s attorneys said Huffman could have made an example of the defendant for walking away from court after he testified on Oct. 31, 2018.

“She absolutely could have” sentenced Smith to non-consecutive time, defense attorney Adam Arnold said. “In fact, I’m a little surprised she didn’t.”

Huffman sentenced Smith on 20 new counts he pleaded guilty to on April 30. Of those, 19 were fourth- or fifth-degree felonies. The theft count (for the ankle bracelet) is an F5 and the failure to appear (after Smith left) is an F4. One count, pandering obscenity involving a minor, is an F2 for which Smith got five years. The maximum sentence in the second case was 31 years.

RELATED: Soccer coach sentenced on sex charges: ‘I allowed too many boundaries to be crossed’

“I’d be blind if I wasn’t aware of the other case, living in this community,” Huffman told Smith. “But I cannot consider that case or the charges for which you were convicted because they are not before me.”

Like in the first case, Smith was ordered to register as a sex offender. He also will be responsible for extradition costs.

Smith’s first sentence issued by then-Judge Erick Blaine is being appealed, so Smith would have to serve his second sentence regardless of what the Second District Court of Appeals rules.

RELATED: Smith indicted on 41 new counts, including child porn

“I think that there are some very serious legal issues in the first case,” said Arnold, who tried — and failed — to get Ohio’s Supreme Court to disqualify Blaine. “I think the Second District is going to have their hands full.”

The victim’s mother called on Huffman to sentence Smith harshly for the psychological pain inflicted on the victim and her family.

“Predators and pedophiles who cheat children out of their innocence and persuade their actions to feed their own sick perversions deserve to be made examples of,” the victim’s mother said. “If she has to wear her scarlet letter for the rest of her life, it’s only fitting Justin serve every minute of time associated with his crimes, too.”

RELATED: Former soccer coach who fled trial found guilty of sex crimes involving 14-year-old girl

Smith, who has served about five months in prison, apologized.

“I’m sorry. I am,” he said. “I pray multiple times every day for her family.”

Huffman blasted Smith for saying he only understood what he did wrong after undergoing sex offender treatment.

RELATED: Soccer coach accused on inappropriate relationship with 14-year-old girl goes on trial

“I ask you what would you have done if somebody had done the same thing to your daughter?” Huffman said,. “Say, ‘Oh it’s OK’ because that’s what you did?”

Arnold said previous Miami Valley cases showed Huffman’s sentence was within the range.

“It should not have been consecutive because it’s the same course of conduct,” Arnold said. “It’s the same victim. It’s the same prosecutor. The same court.”

RELATED: Smith arrested in Florida

MORE: Read other stories from Mark Gokavi

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