Dayton Jones gets 8 years in federal prison for case in which Gov. Matt Bevin freed him

Andrew Wolfson
Louisville Courier Journal

The complicated case of Dayton Jones, who was pardoned by Gov. Matt Bevin after he was convicted of nearly killing an unconscious 15-year-old boy with a sex toy — only to be charged again by federal prosecutors — came to an end Tuesday with another prison sentence.

A federal judge gave Jones eight years in prison — less than the 10 years prosecutors had sought, but more than the 6½ years his lawyers had requested. The judge said Jones should receive credit for the 3½ years he spent in state custody before Bevin commuted his sentence. 

Jones, 28, was the second offender Bevin pardoned who subsequently was charged by federal prosecutors.

Dayton Jones

In January, Patrick Baker, who Bevin pardoned on a state homicide charge after he served about 2 years of a 19-year sentence, was convicted of murder in U.S. District Court and sentenced in January to 39 years in prison

Federal officials disclosed last summer during a hearing in Baker’s case they were investigating Bevin’s pardons.

The Courier Journal reported that Baker had been freed after his family hosted a fundraiser for the governor that raised $21,000 to retire Bevin’s campaign debt. 

Patrick Baker, right, who was pardoned by former Gov. Matt Bevin, looked down as his attorneys spoke during a press conference in Lexington, Ky. Dec. 17, 2019.  Baker's pardon has been criticized because his family donated to Bevin's reelection campaign.

More:Federal officials investigate link between former Gov. Matt Bevin pardon and fundraiser

The allegation appeared to take on more weight when Jones was allowed to plead guilty last October in exchange for less than the mandatory minimum of 15 years for his offense — producing child pornography. Such deals are only allowed when a defendant lends substantial assistance to the government in investigating other crimes. 

But appearing Tuesday in Paducah before U.S. Senior Judge Thomas Russell, Assistant U.S. Attorney Jo Lawless said Jones got the break for helping with a government investigation of drug trafficking in jail. 

The Jones case roiled residents of Western Kentucky, both for the seriousness of the crime — a group of drunk high school and college students sodomized the unconscious teen with a 12-inch sex today, nearly causing his death. 

Jones, who produced a three-second video of the assault distributed on Snapchat, pleaded guilty and was sentenced to 15 years for sodomy, wanton endangerment and producing pornography — a state offense. 

Then, The Courier Journal disclosed that Commonwealth’s Attorney Rick Boling had secretly lobbied Bevin for the pardon, citing false claims about the judge who tried the case and other officials.  

Boling was banned from the courthouse and earlier this month was temporarily suspended from practicing law by the Kentucky Supreme Court for that and other misconduct. 

A federal grand jury indicted Jones in June 2020 on a charge of using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, which carries a mandatory minimum of 15 years in prison and a maximum of 30 years. 

That was reduced to 10 years based on a government motion to give him credit for cooperating, even though Lawless said his help didn’t produce any arrests. 

She said she met several times with the victim, who had to undergo multiple surgeries and faces still more, who agreed with the sentence reduction so he can move on with his life. 

He did not attend the hearing for that reason, she said. 

Jones’s federal public defender, Aaron Dyke, asked Russell to trim the sentence at by 3½ more years, reflecting the time he spent doing state time. 

“It is time to close this book for everyone involved and for healing to begin,” Dyke said. 

But Lawless said Jones needed to do more time on the federal charge. 

She said living in a small town, everyone knew the victim, “and we will never get that video back.”

More:Matt Bevin said only co-defendants implicated Dayton Jones in brutal sodomy. He was wrong

Under a plea deal, Jones also agreed to pay $50,000 in restitution. 

Lawless, noting Jones had been charged while in custody with selling drugs in a case that is still pending, ask that he be placed under supervision for life after his release, while Dyke said five years was sufficient. Russell ordered Jones to report for 15 years.

Andrew Wolfson: 502-582-7189; awolfson@courier-journal.com; Twitter: @adwolfson.