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Alleged sexter sentenced to jail, probation

Judge says no cell phones with texting or imaging
By: Bridget Jones, Journal Staff Writer
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A man arrested for texting nude photos of himself to a 16-year-old Auburn boy was sentenced to jail Wednesday. Charles Wayne Burghy, 44, was arrested Aug. 13 after a sting conducted by the Auburn Police Department. According to Auburn Police, Burghy sent the boy the naked photos in an attempt to set up a sexual encounter. A family member discovered the boy’s text messages and turned his phone into the Auburn Police Department in August. Police posing as the boy continued to text Burghy and set up a meeting at the Elmwood Motel on Elm Avenue. Burghy was instructed to bring condoms and buy some alcohol. Police arrested Burghy after he purchased rum from a local shopping center. Burghy was originally charged with several felonies: arranging and then coming to a meeting with a minor for the purposes of lewd conduct, communicating with a minor with the intent to commit an unlawful offense and exhibiting harmful matter to a minor. On Sept. 8, however, Burghy pleaded no contest to a misdemeanor charge of exhibiting harmful matter to a minor. Defense Attorney John Spurling said Wednesday Burghy is mentally impaired, and the teenager involved in the case was posing as a 26-year-old and advertising himself on the networking and sales website Craigslist. According to Prosecuting Attorney Todd Kuhnen, the Placer County District Attorney’s Office had contacted the victim’s family to make a statement in court if they wanted to, but no statement was made. Judge Larry Gaddis sentenced Burghy Wednesday to three years probation and 49 days in the Placer County Jail. Burghy was also sentenced to pay a $100 fine, to have no contact with minors under 18 unless supervised by an adult, to search and seizure if necessary, to have no access to cell phones with texting or imaging capabilities and to have no Internet access except for work, school or medical purposes. Spurling said Burghy’s cell phone was forfeited to law enforcement officers, but a laptop that was also seized would need to be returned. Reach Bridget Jones at bridgetj@goldcountrymedia.com