Court of Law: Local Sentencing (9/28/18)


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Court of Law
Written By: Isaac Tinnin
10/03/18
In the month of July there was court case that lasted for two days in a jury trial at the St. Francois County Courthouse. The Defendant Daniel W. Irwin was charged with five counts of a Class B Felony of Child Molestation in the 2nd Degree. At the time of the jury trial there was evidence and arguments made to prove points by the State and the defense attorney. At the end of trial the jurors found the Defendant, Daniel W. Irwin, guilty on Count I Child Molestion in the 2nd Degree-10 years in the Department of Correction, Count II Child Molestion in the 2nd Degree-10 years in the Department of Corrections, County III Child Molestion in the 2nd Degree-10 years in the Department of Corrections, Count IV Child Molestion in the 2nd Degree- 10 years in the Department of Corrections and Count V Child Molestion in the 2nd Degree.-10 years in the Department of Corrections. Defendant was given an additional 10 days to file the Motion for New Trial. A Sentencing Assessment Report was ordered, Board of Probation and Parole to conduct the report and have returnable no less than 5 days prior to sentencing. Case was passed to September 28, 2018 for Sentencing with Defendant ordered to appear.
On September 28, 2018, the case of State of Missouri v. Daniel W. Irwin was called for Sentencing. Assistant Prosecuting Attorney Patrick King and Attorney for Defendant Philip Scanlon appeared. At the time of the Sentencing hearing there was an opportunity for the victims of the case to speak to the court and make a statement. The mother of the victim spoke to the court about what this has done to her family and what type of person the Defendant is.
Attorney for Defendant request a mistrial due to a conflict with one of the jurors. The court hereby denied that request. After that the attorneys had time to make closing statements before the Court handed down the sentencing to the Defendant, Daniel W. Irwin.
The court sentenced the Defendant to Count I Child Molestion in the 2nd Degree-10 years in the Department of Correction, Count II Child Molestion in the 2nd Degree-10 years in the Department of Corrections, County III Child Molestion in the 2nd Degree-10 years in the Department of Corrections, Count IV Child Molestion in the 2nd Degree- 10 years in the Department of Corrections and Count V Child Molestion in the 2nd Degree-10 years in the Department of Correction. Each count to run consecutive for a total of 50 years in the Department of Corrections. Defendant has 90 days to file an Appeal to the Eastern District from the date of sentencing.