Matthew C. Derr, 32, began serving his 120-day jail sentence on Friday after Judge Terry Patton delivered the ruling in Henry County Circuit Court.
Derr was found guilty of one count of possession of child pornography, a Class 2 felony, during a bench trial in February.
In handing down his sentence, Judge Patton considered the nature of the offense, as well as the sexual offender evaluation and a letter submitted to the court from Derr.
“It’s a very serious offense,” Patton said, stating that the video downloaded and viewed by Derr showed an adult having actual intercourse with a minor.
The choice the court has to make, Patton said, is between prison or probation.
“He has expressed remorse and ultimately accepted responsibility,” the judge said, noting that while Derr had a prior criminal offense from 11 years ago, he was likely to comply with probation, just two of the factors the judge considered in his decision.
Henry County State’s Attorney Catherine Runty recommended to the court a sentence of 3 years in prison, citing statements made in Derr’s letter that indicated that because he was only charged with one count, he felt it was “not that big of deal” because it was only one time. But Runty said what we are seeing across the board is that he is not accepting responsibility and blaming others.
Derr’s attorney, Lance Camp, argued that the mental behavioral screening results were “wildy in favor of Mr. Derr.”
Derr, Camp told the court, is not at high risk for sexually compulsive behavior. The report did assess a pornography addiction and that Derr would benefit from treatment.
“Mr. Derr is the perfect case for someone who has learned a lesson and shows a willingness to change,” Camp said, noting Derr’s own words in his letter to the court that he accepted full responsibility and that he understood the seriousness of his actions.
After hearing the arguments, the judge handed down his ruling. Derr was given a 120-day jail sentence, as well as four years of probation and a $1000 fine plus assessments. The judge will require that Derr reimburse Henry County Court Services for the cost of evaluation. Derr won’t be allowed to possess a firearm, must register as a sex offender and submit his DNA. The judge also ordered Derr to obtain full-time employment and attend counseling sessions.
Derr was arrested in May of 2024 by the Kewanee Police Department and charged with one count of possession of child pornography after a cyber tip from the Illinois Attorney General’s Office led to an investigation.
