State Court of Appeals denies appeal of child-porn probation violations by Waynesboro man
RICHMOND – A state court has denied the request from a Waynesboro man to reverse reinstatement of active prison time for repeatedly violating probation following his 2014 convictions on child-pornography charges.
In an opinion released Tuesday morning, the Virginia Court of Appeals refused to hear oral arguments in Allen Scott Wimer’s case, saying that the probation violations proved that he could not be trusted to live in a society outside of the prison walls. Wimer maintained that the Waynesboro Circuit Court erred in reimposing sentences because it did not take into consideration his mental health and acknowledgment of the issues he struggles with daily.
Court records indicate Wimer, 39, had been released from prison twice since the original convictions and in both of those releases, he failed to comply with the requirements of probation such as avoiding contact with minors, submitting to regular polygraph tests and using a computer only under supervision.
Nine years ago, he had pleaded guilty to two counts each of possessing child pornography and reproducing child pornography, and was given a 20-year prison sentence with all but five-and-a-half years suspended. He was first released in 2018 but was back behind bars two years later for probation violation and given a 70-day jail sentence.
Subsequent violations in 2021 and 2022 prompted Waynesboro Circuit Judge Paul Dryer to revoke all of Wimer’s suspended prison time and sentence him to eight years and 10 months. During the revocation hearing last November, Wimer’s probation officer said he had Wimer pulled from sex-addiction group therapy because Wimer was still having “uncontrollable thoughts and fantasies about young girls,” and became “aroused” when other members of the group discussed their crimes. He also admitted “masturbating to memories and thoughts of previous victims,” according to court records.
Dryer said at the hearing he was putting Wimer back behind bars because as long as Wimer remained free, he was “a danger to the community.”
In its ruling, the Court of Appeals noted Wimer’s acknowledgement of the mitigating circumstances that led to his probation violations. His actions while on probation offset whatever issues Wimer claims to have, the court ruled.
“However, balanced against that consideration was Wimer’s past sexual victimization of children, Wimer’s failure to meaningfully participate in sex offender treatment during his probation, and Wimer’s continued expression of sexual desire towards children,” the court’s ruling read. “In light of the trial court’s finding that Wimer presented a danger to the community, we find no abuse of discretion in the trial court’s decision to impose an 8-year-and-295-day active sentence on Wimer for violating his probation.”
Wimer is being held at the Greensville Correctional Center in southern Virginia near Emporia. He is eligible for release in 2030.
Bill Atkinson (he/him/his) is an award-winning journalist who covers breaking news, government and politics. Reach him at batkinson@progress-index.com or on X (formerly known as Twitter) at @BAtkinson_PI.
This article originally appeared on The Progress-Index: Waynesboro man's appeal on child-porn probation violations is denied
