Donald Jervis
BLOOMFIELD, NJ — Former Bloomfield Fire Department Capt. Donald Jervis will serve five years in a Wisconsin prison for two counts of possession of child pornography and two counts of exploiting a child for sexual purposes, according the Assistant Kenosha County District Attorney Thomas Binger. Jervis was sentenced May 17 by Judge Bruce Schroeder.
Jervis, 53, who had 21 counts against him, faced 16 years in prison after accepting a plea of “no contest” on April 6 to four of the counts with the remaining 17 counts dismissed.
Binger said his recommendation had been for Jervis to serve consecutive sentences: three year for each count of possession; and five years for each count of exploitation. But in sentencing Jervis, Schroeder made all sentences run concurrently.
“The state recommended 16 years,” Binger said in a telephone interview earlier this week. “The judge technically complied with the five years for exploiting a child for sexual purposes.”
He said the judge has the discretion to sentence from the minimum to the maximum.
“The judge made the decision for five years and 20 years of supervision, which is essentially probation,” Binger said.
As part of his sentence, Jervis will have treatment, restrictions on contact with children and will be registered as a sex offender.
“I disagree with the judge’s decision,” Binger said. “Each act is a separate violation. If someone had only one picture on their computer and there were no more pornographic pictures in the whole world, they would get five years. This guy’s getting credit for having more.”
Jervis moved to Kenosha after retiring from the BFD in August 2015.
Authorities began their investigation after he attempted to email pornographic images and videos to a girlfriend. He said he was doing this for “shock value” and admitted to trying to transmit these images on or between May 27, 2016, and June 3, 2016. When he made the attempt, his computer was shut down by the service provider, who notified the police of the content of the email which led to the investigation.
When arrested at his home, Jervis admitted to viewing, collecting, and distributing child pornography for about five years. He said there were about 100 child pornography images and approximately 10 child pornography recordings on a Dell laptop that only he used. After the arrest, he was held on a bond of $100,000 cash.
“I think the judge gave him credit of having no prior convictions and his career,” Binger said. “I remember there was much discussion of his years as a firefighter. My point was that this was someone who was intelligent, worked in law enforcement for years and should know better. He should be held to a higher standard.”
Jervis’ attorney, John Anthony Ward, said that as a fireman, Jervis showed the discipline to face fires and Schroeder recognized that.
“You can’t punish someone for being a hero,” Ward said. “That’s what the prosecutor asked. His heroism and discipline showed he could deal with a difficult task.”
Jervis’ difficult task, Ward said, is dealing with a very serious problem and getting treatment.
Ward said there is no parole in Wisconsin. “We have truth in sentencing,” he said, meaning that the length of the sentence imposed by the judge is the sentence served by the inmate.
According to Ward, Jervis will be having extended supervision after his release and if he makes a mistake he could find himself back in prison facing 20 years.
“He was grateful the judge gave him the minimum under the law,” Ward said. “He could have been locked up for the rest of his life. He still can.”
Ward thought Jervis would be sentenced to either Dodge or Waupun correctional institution. He said he did not know if anyone from Jervis’ family was at the sentencing. Binger said Jervis would be processed and sent to a minimum- or medium-security prison. He said Jervis had no one in court for him.
“I was very surprised by that,” he said.
About the Author
