Tucson man who fondled girl given 18 months, probation

2013-12-19T16:00:00Z 2013-12-30T12:33:07Z Tucson man who fondled girl given 18 months, probationBy Patrick McNamara Arizona Daily Star Arizona Daily Star

A Tucson man convicted of fondling a 9-year-old girl at a McDonald’s restaurant was sentenced to 18 months in prison Thursday.

Ivan Justin Hairston Smythe pleaded guilty to burglary in the third degree with a sexual motivation and child abuse for the October 2011 incident.

He was originally charged with molestation of a child and sexual assault of a minor under the age of 15.

Smythe received nearly 800 days credit on the prison sentence because he has been in the Pima County jail since his arrest. His sentence is considered served. 

Smythe, 36, reached his hands into the girl’s pants while lifting her onto a counter, police reports said. The girl immediately began to cry, according to police and prosecutors, and ran to her mother.

Smythe was also sentenced to 10 years probation, but doesn’t have to register as a sex offender.

Contact reporter Patrick McNamara at 573-4241 or pmcnamara@azstarnet.com. On Twitter @pm929

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