A White County man who pleaded guilty to attempted enticement of a minor after a sting operation that led him to believe he was communicating with a 13-year-old girl for sex was sentenced to 10 years in federal prison Wednesday, to be followed by 10 years on supervised release.
Jon Dakota Heimeyer, 29, of Pangburn was arrested Dec. 13, 2020, after a 3½-month FBI investigation during which Heimeyer communicated online with a person he believed to be a 13-year-old girl for the purpose of having sex with her, according to the indictment. In reality, he was communicating with an undercover FBI agent conducting a sting operation.
A complaint filed in federal court the day after Heimeyer's arrest contained transcripts of nine online conversations between the undercover agent and Heimeyer that took place between Sept. 3 and Dec. 13 that quickly became explicitly sexual in nature. Those conversations culminated in a planned meeting in Little Rock that resulted in Heimeyer's arrest.
As part of his plea agreement, Heimeyer pleaded guilty to the charge of attempted enticement of a minor in exchange for the government's agreement to dismiss the count of transfer of obscene material.
Heimeyer, who has been in federal custody since his pre-trial release was revoked in January 2021, was escorted into the courtroom by federal marshals. He said little during the hearing, answering direct questions from U.S. District Judge James M. Moody with a simple "yes, sir" or "no, sir," and otherwise leaving it to his attorney, Joseph Robert Perry of Marianna, to speak on his behalf. He made no statement prior to being sentenced.
Under U.S. sentencing guidelines, Heimeyer faced a recommended sentencing range calculation of between 70 and 87 months in prison, but U.S. sentencing statutes required a minimum 10-year prison sentence to be imposed, Moody said.
Under U.S. sentencing statutes, Heimeyer could have been sentenced to a maximum penalty of life in prison, and could have been sentenced to five years to life on supervised release.
Perry pointed out that Heimeyer's offense was a first offense, that he had no prior criminal record as an adult or as a juvenile, and that his childhood had been particularly difficult due to physical and emotional abuse by his mother during his first 10 years of life, resulting in Heimeyer's entry into foster care from the age of 10 until he turned 18.
"It was a difficult childhood, to say the least," Perry said. "There was mental, physical and verbal abuse by his mother, didn't much know his father, he was run off by his mother. His mother never wished she had him and she treated him as such. She even tried to self-abort by stabbing herself in the stomach and going days without eating."
Perry said Heimeyer's mother had him placed in institutions numerous times when he was a young child, "primarily to get rid of him rather than some sort of treatment."
"Quite frankly," Perry said, "he wants and needs mental health treatment."
"This has basically cost him everything," Perry continued, "his wife, his home, all his earthly possessions, he's going to be a convicted felon for life and be considered a sex offender going forward, which will certainly follow him and impact where he's going to live, where he works, and along with all the rights a person loses when they are convicted."
Assistant U.S. Attorney Kristin Bryant, who prosecuted the case, agreed to the imposition of a 10-year sentence, but in addition asked Moody to order Heimeyer to serve 10 years on supervised release once he gets out of prison. Bryant noted that Heimeyer had sent images of his genitals to who he thought was a 13-year-old girl and had showed up in Little Rock for a pre-arranged meeting intending to engage in sexual activity.
"The description of what he wanted to do to the 13-year-old," Bryant said, "I think means he needs to be under the supervision of the probation office for a little longer than the five years [minimum supervised release]."
In addition to the prison term and supervised release period, Moody ordered Heimeyer to submit to a psycho-sexual evaluation and sex offender counseling while in prison and to participate in sex offender treatment upon his release.
Other conditions included requirements that he not view or possess sexually explicit materials in any form, that he not enter adult bookstores, strip clubs or any other sexually oriented business, that any use of computers be under authorization from the U.S. Probation Office and that he avoid direct contact with minors unless authorized by probation officials. He was also ordered to stay away from public parks, daycare facilities, schools and other places frequented by children.