LISBON – Chad R. Grey, 28, Gilson Avenue, East Liverpool, sentenced in March to nine months in prison for charges related to pornography and attempting to lure children into sexual acts, was granted a temporary release from prison pending his appeal.

Two of three judges from the 7th District Court of Appeals agreed to allow Grey to post a $10,000 cash or surety bond, while ordering him to have no contact with the victim of the case. The order was signed by Judges Gene Donofrio and Cheryl L. Waite, with a third Judge Mary DeGenaro noting she disagreed with the decision.

Grey pleaded guilty in January to the grand jury indictment and was sentenced on March 16 to nine months in prison, but his attorney Dominic Frank has since filed an appeal of the length of that sentenced with the 7th District Court of Appeals.

“I respect, but am disappointed with the court’s decision,” said Assistant County Prosecutor Timothy McNicol, who handled the case here in Columbiana County Common Pleas Court.

Prior to the decision by the 7th District Court of Appeals, McNicol had written a memorandum in opposition to the motion to put Grey’s prison sentence on hold or to modify his bond. In it, McNicol argued that Grey had pleaded guilty in January to all the charges in the case – illegal use of a minor in nudity oriented material and importuning, both fifth-degree felonies, and a misdemeanor disseminating matter harmful to juveniles.

McNicol said the evidence in the case was overwhelming and showed Grey first contacted a 14-year-old girl on Facebook, had numerous conversations with her and urged her to meet him to engage in sexual activity. He also urged her to send him naked photos of herself and one such photo was later found on Grey’s phone.

Additionally, the evidence also showed, according to McNicol, that Grey contacted an 11-year-old girl, who had just turned 11 a month earlier and who he knew because he had been her substitute teacher in the Beaver Local School District the previous year. Grey reportedly sent the girl photos of his genitalia from his cell phone, photographs which were found by the girl’s mother who contacted authorities.

McNicol wrote “(Grey’s) conduct demonstrated an ongoing course of predatory activities toward these children, with the ultimate goal to meet them for sex.”

Columbiana County Common Pleas Court Judge Scott Washam had sentenced Grey to nine months in prison, the amount McNicol had offered only to keep the two young girls from having to testify.

In their decision to release Grey, the appeals judges noted Grey has no prior criminal record, is a life-long resident of Columbiana County, is employed and attended all scheduling hearings. The judges also noted the need for Grey to be release while the court continues to consider the motion of appeal of Grey’s sentence overall. Without it, most – if not all – of his nine month sentence would already have been served by the time a decision is reached.