A plea deal is in the works for Garret Gottlieb Schmutzler, 19, of Minot, who was originally charged with the Class C felony of possession of child pornography in one case and the Class C felony promoting obscenity towards a minor, class A misdemeanor involving a minor by computer and class A misdemeanor disobeying a court order.
Under the plea deal outlined by state and defense on Wednesday, Schmutzler would plead guilty to amended charges that would not require him to register as a sex offender and receive concurrent five-year deferred sentences for the two charges. If he succeeded in complying with the probation conditions, the charges would be dismissed. Schmutzler would also not be allowed to use the Internet without permission from his probation officer.
Judge Todd Cresap said Wednesday he wished he had time to review the case file and scheduled another plea hearing change for Friday.
According to a probable cause affidavit filed with the court in one of the cases, Schmutzler allegedly sent a sexually explicit photo of himself to a 17-year-old girl in November 2020 and sent her several sexually explicit messages via Instagram and him. reportedly asked to send him pictures of her naked. The girl told police that Schmutzler was not her friend, that she did not want to come into contact with Schmutzler and that the pictures and messages he sent her were unwanted. Schmutzler also allegedly harassed other girls, according to the affidavit.
Schmutzler was charged in September 2020 with the Class C felony of possession of child pornography and was banned as a bail condition from accessing the internet unless it was for school. According to the probable cause affidavit filed with the court in that case, Schmutzler had downloaded images of child pornography, some of young children, to a cell phone. He had also viewed adult pornography.