A mother and her daughter made heartfelt pleas Friday in a Buffalo courtroom for the maximum prison sentence for a Town of Tonawanda man who they said stole the young girl’s innocence when he took pornographic photos of her and a friend, both under the age of 11.
The mother said her daughter is sentenced to a life of pain.
Shawn McIntosh ended up receiving a prison term of two to six years.
In her victim impact statement, the girl asked Erie County Judge Kenneth E. Case to give McIntosh the longest prison term possible, then urged Case to order him executed, adding that she never wanted to see McIntosh again.
“You ruined my relationship with my friend,” she told McIntosh, referring to the other girl who did not speak. “I trusted you.” The girl’s mother also urged the judge to give him the maximum sentence for taking the pornographic photographs over a five-month period about two years ago. “She was an innocent child before Sean McIntosh took all that away from her,” she said. She called him a “sick predator.”
“I want him to know that my daughter has been through torture, because of him,” she said. “I pray that he hurts as much as he hurt my daughter and family.”
McIntosh, 33, of Parkhurst Boulevard, pleaded guilty in September to four counts of using a child in a sexual performance, two counts of first-degree sexual abuse, four counts of possessing a sexual performance by a child, and two counts of endangering the welfare of a child. The crimes occurred between September 2011 and January 2012. He faced up to 50 years in prison, according to Erie County District Attorney Frank A. Sedita III.
At the time of the plea, the judge made a commitment to sentence him to two to six years in prison. “That’s unfair,” the victim’s mother told the court Friday. “He gets two to six while my daughter” will spend the rest of her life in pain.
The judge said the guilty plea and sentencing commitment were made to protect the two children from the further trauma of having to go through a trial.
He said the sentence was not meant to take way from the seriousness of the crimes, adding that the effect on the children and their families has been significant.
He said he hoped that the sentence would help the families heal “in some small way,” and praised their courage in coming forward to help prosecute the case.
After imposing prison sentences of varying lengths on the multiple counts of the four crimes involved, Case ordered them to run concurrently and issued an order of protection for both victims through November 2027.
He then thanked the family members for attending the sentencing, adding that it must have been difficult for them.
“I’m sure you’d prefer to see a sentence of life in prison,” he said. “I understand that.”
Before sentencing, McIntosh apologized and told the judge that he pleaded guilty and did not go to trial “to avoid anyone having to relive” the crimes.
He said he has been taking anxiety pills and has been unable to sleep for a year because of nightmares, adding that he was sick of himself.
Assistant District Attorney Peter J. Marche prosecuted the case.