AMERICAN FORK – Tensions flared and emotions ran high Tuesday at the sentencing hearing for a Utah County man convicted of having child porn on his computer. 

Mark Tingey, 26, was sentenced to 300 days in the Utah County Jail and three years of probation after more than an hour of arguments from both attorneys and family members speaking on his behalf. Tingey was convicted March 17 on eight counts of sexual exploitation of a minor, all second-degree felonies, after a three-day trial that followed his 2011 arrest as part of Operation Frosty Lime Squeeze. 

Dean Zabriskie, Tingey’s defense attorney, said that in the three years since Tingey was arrested he hasn’t re-offended and has no prior history of downloading child porn. Zabriskie also said that since the arrest, Tingey has graduated from Utah Valley University with honors, is working on a master’s degree from Villanova University and is doing cancer research. 

Tingey’s mother, Colleen Tingey, said because of her son’s ability to pull himself up and make something of himself after he was charged he could make amazing contributions to society and even save lives someday. 

“He cannot do that if his education is waylayed,” she said. “He won’t do well in jail. He has a very bright and active mind, and I would be very concerned for him in that setting.” 

Adult Probation and Parole recommended Tingey serve 300 days in jail, but Zabriskie asked for his client to be put on GPS monitoring to allow him to continue his education in Pennsylvania. 

Zabriskie also spoke extensively about a psychosexual evaluation performed on Tingey, and said the results of that evaluation showed he is a “normal adult” with normal desires and sexual preferences.

However, Fourth District Judge Christine Johnson disagreed with that finding. 

“I have a hard time accepting those conclusions as valid,” Johnson said. “Normal adult is completely contrary to everything I have heard and reviewed.” 

Prosecuting attorney Julia Thomas argued Tingey should be sentenced to prison for his crimes because after three years he has still refused to admit any fault and take responsibility for his actions. 

Jason White, a family friend, spoke in front of the court and told Johnson he wished those involved in the case could see Tingey outside of court and see the loving, caring person he really is.

Thomas, however, said she wished his family and friends could see the other side of Tingey. 

“I wish they could see the flipside, the images he downloaded, the images he selected, the search words he selected,” Thomas said. “He is dangerous, and he doesn’t recognize it and doesn’t accept it.” 

Tingey also spoke at the hearing and apologized for his actions and for the harm he has caused his family and friends. 

“I shouldn’t have been looking at anything; it went against my moral code,” Tingey said. “I just want to apologize for my actions that have caused so much hurt.” 

After taking a recess between arguments and making her ruling, Johnson said she is disappointed Tingey still has never taken responsibility for his actions and accepted the fact that his actions have hurt real children. 

“Each image represents a real child, not a computer-generated image, but a flesh-and-blood child, someone’s daughter,” Johnson said. “Who’s child would you choose to be molested for the entertainment of others? Your child? My child?

“It haunts me to think what has become of them, and it should haunt you, too.” 

Johnson said GPS was not appropriate for Tingey or cases like his, and said Tingey should serve his 300 days in jail as straight time. The judge reluctantly agreed to let Tingey report to the Utah County Jail after he finishes his last final at Villanova the first week of July. 

Operation Frosty Lime Squeeze, a child porn sting named for its emphasis on finding perpetrators who used the FrostWire and LimeWire file-sharing portals, resulted in the arrests of more than 30 people, including 11 in Utah County. Statewide, officials served 52 home search warrants and 39 computer search warrants during the sting and seized 124 computers, 118 external hard drives, 31 cellphones, five Xbox game consoles and more than 1,000 CDs and DVDs.

Tingey was the last of those arrested in Utah County to have his case settled. Court records indicate eight of the 11 arrested in Utah County took plea deals during the past three years. One of the 11 was a juvenile at the time and was never named, and another was charged in federal court.