Mike Emery

mwemery@pal-item.com

A Richmond mother wanted the man who recorded video of her 14-year-old daughter showering sent to prison.

"Everything should be taken from you," she said. " ... You should be taken to jail."

She got her wish.

Scott Jacob Asher, 36, was sentenced to three years of incarceration Monday during a Wayne County Superior Court II hearing. Asher pleaded guilty to two Level 5 felony counts of child exploitation and a Level 6 felony count of possession of child pornography, leaving his sentencing to the discretion of Judge Gregory Horn.

Asher asked for home detention or probation that would have allowed him to keep his job at a pawn shop, but Deputy Prosecutor Teresa Ashcraft recommended a four-year sentence with one year suspended to probation.

"I believe the most appropriate sentence is incarceration," Horn said after he noted that balanced mitigating and aggravating circumstances made the three-year advisory sentence appropriate.

Horn sentenced Asher to three years for each Level 5 charge and the advisory one year for the Level 6 charge. Asher will serve the three sentences concurrently and will have to register as a sex offender.

Asher, who had been free on bond, received credit for one day of time served. He receives one day of good-time credit for every three days served on the Level 5 sentences, meaning he will serve two years and three months if he earns the maximum good time.

He was handcuffed in the courtroom as family members cried just steps away, and he was led to a van for transport to the Wayne County Jail.

Asher admitted using his cellphone May 2 to record video of the girl, who had been left in his care. He said he had tried to record the girl five or more times. The girl noticed the cellphone and reported Asher's actions.

Defense witnesses testified Asher has sought counseling, begun regular church attendance and stopped smoking marijuana since his arrest. Asher said he had smoked marijuana since he was 14, including on the day of the offense. He also said he would watch pornography on his computer but has gotten rid of his home Internet access.

"I feel as long as I continue down this path and believe in God maybe life will be OK," he testified.

Asher said the marijuana use impaired his judgment and he wasn't a threat to re-offend.

"I think if I was sober I would've never done it," he said. "I feel I will never commit a crime again, not only this type of crime, but any crime."

In an emotional and angry letter to Asher that she read in court, the victim's mother called him a villain and her daughter a hero. Names of the mother and victim weren't used in court to protect the victim's identity.

"You broke her," the mother said. "She's been battling ever since you committed this crime.

" ... When it comes to my child, I will never forgive you."

The victim also testified, saying she has been sad and had nightmares since the incident. In addition, she said, her hair has been falling out, and she said she has trouble trusting people. However, she said she didn't want Asher to lose his job.

"I felt like life was going to fall apart," she said. "It's not entirely his fault, but he contributed to it."

Ashcraft asked for an aggravated sentence because Asher had care and custody of the victim at the time of the offense, there was a pattern of conduct and the victim suffered significant damage from the offense.

"There's no greater victim than a child," Ashcraft said.

Horn found Asher's expressions of remorse believable and recognized the positive steps Asher has taken since his arrest. However, he refused to blame the crime on Asher's marijuana usage.

"Call me old, but I don't believe marijuana usage defends or justifies these actions," Horn said.