June 19, 2018
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Bangor man gets 10 years for assaulting girl, child porn possession

Courtesy Penobscot County Jail | BDN
Courtesy Penobscot County Jail | BDN
David Jack
By Judy Harrison, BDN Staff

A Bangor man who admitted to sexually assaulting a 9-year-old neighbor in 2016 and showing her child pornograpny was sentenced Tuesday at the Penobscot Judicial Center to 10 years in prison.

David Jack, 44, pleaded guilty earlier this year to unlawful sexual contact, a Class A crime, and indecent conduct, a Class E crime.

Under his plea agreement with the Penobscot County District Attorney’s Office, Jack will serve the sentence on the state charges at the same time he is serving a 10-year sentence in federal prison for possession of child pornography.

Jack pleaded guilty to the federal charge in January on the Friday before his jury trial was to begin. By pleading guilty, he admitted to having more than 2,000 child pornography images on his computers and his phone. He was sentenced in that case on Monday.

He was arrested in September 2016 after the girl and her family went to the Bangor police station and reported that “described three instances of sexual abuse that had occurred in the past three months,” the police affidavit said. At least once, the girl said Jack showed her pictures on his cellphone of girls and women involved in sexual conduct.

Neither the victim nor her family appeared at either sentencing. A victim impact statement was submitted to U.S. District Judge John Woodcock.

He described Jack’s actions as “horrific” and the impact on the girl as “long lasting” and “traumatic.” The judge harshly criticized the federal prosecutor for agreeing to a sentence below the federal sentencing guidelines that recommended Jack be incarcerated for between 11 years and eight months and 14½ years.

Although Woodcock accepted the plea agreement and imposed the 10-year sentence, he said he was inclined to sentence Jack to about 14 years. Superior Court Justice Ann Murray accepted the deal in state court without comment. Jack apologized to the victim for his actions in federal court on Monday. He also asked for sex offender and substance abuse treatment while in prison.

Defense attorney Hunter Tzovarras said that a 10-year sentence was significant and in the best interest of his client, who was sexually abused as a child.

“By pleading guilty, Jack spared the prosecution in both cases the expense of trial,” he said.

Assistant U.S. Attorney Andrew McCormick declined Tuesday to comment on the case.

A request for comment from the district attorney’s office was not immediately returned.

While Jack has not previously been convicted of sex crimes, he has a long criminal history. In 1996, he was convicted of aggravated assault with a dangerous weapon. He was sentenced to five years in prison with all but four years suspended in connection with the Sept. 16, 1995, stabbing of an 18-year-old Carmel man in Bangor. The injured man fully recovered from the stabbing but has since died, according to the Bangor Daily News archives.

While serving that sentence at the Maine State Prison, Jack in 1997 sent threatening letters to President Bill Clinton, three federal judges and three federal prosecutors in Maine, according to the BDN archives. He was sentenced to 37 months in federal prison to be served after he completed his state sentence.

In 2000, Jack again threatened federal officials and was sentenced to 45 months to be served at the same time as the 1997 sentence, according to court documents. In early 2011, he was sentenced to 46 more months in federal prison for threatening a guard at the Pennsylvania penitentiary where he was incarcerated.

Jack’s supervised release was revoked on those cases, according to court documents. He was last released from federal prison on April 1, 2014, according to the U.S. Bureau of Prisons Inmate Locator.

Jack has been held at the Penobscot County Jail for nearly two years unable to post $50,000 bail on the state sex charges. That time is expected to be applied to his state sentence. Because he was sentenced in federal court first, Jack will serve his sentence in a federal facility.

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