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Family: Man arrested for sending naked pictures not mentally capable of understanding the crime

Posted at 5:33 PM, Jun 27, 2016
and last updated 2016-06-28 05:09:56-04

NORFOLK, VA. - A father took action to protect his 9-year-old daughter from a would-be online predator, according to court records.

ANDREW EALY

Andrew Ealy

A 29-year-old man from Yorktown, Andrew Ealy, was arrested for allegedly sending naked pictures of himself and sexually explicit messages to a child.

However, News 3 spoke to Andrew Ealy’s mother and step-father who said he is not mentally capable of understanding what he did and they feel like he's been set up.

Through recently unsealed documents News 3 learned Ealy was accused of sending naked pictures to someone who he thought was a 9-year-old girl but that it was actually the girl’s father who had taken her cell phone once when he realized she was communicating with an adult.

The court records state a Norfolk detective also got involved and began texting Andrew from the victim’s phone too.

“I feel like he was being trapped all the way around,” said Tina Bently, Andrew’s mom. ”He's a child pretty much trapped in a man's body. He doesn't understand things. He has to be told things two or three times.”

She said her son doesn't have the mental capacity to know what he was doing.

She claims he met the young girl in a chat room and didn't understand how young she was.

She also didn’t understand why a young girl had access to a chat room.

“A minor shouldn't have a telephone and shouldn't be able to send photos. I don't believe anywhere from 9 to 15 should be on Facebook or on the computer,” said Bentley, “I understand that Andrew is in trouble but it's like if this person didn't contact Andrew he would've never contacted her.”

Norfolk Police said they couldn't comment on the details of the case but did offer some advice to parents when it comes to internet safety.

“Kids don't like it when they feel like we're checking up on them, but it's our responsibility as parents to make sure they're safe,” said Officer Daniel Hudson. "If any parent notices anything suspicious, any type of chat or anything, photos, pictures, that are going across that raises the hair on the back of their neck, call the police immediately let us look into it. It is a crime to send explicit messages.”

Ealy is out on bond right now. He has a hearing coming up in August where his mental health will be reviewed in court.

The Commonwealth Attorney’s Office said Ealy is facing 4 felony charges – 1 count of Indecent Liberties and 3 counts of Soliciting a Person under 18 to be the Subject of Child Pornography.

“I feel like it's not right for somebody that doesn't understand a lot of things,” said Bentley.

Bentley said he has no access to a cell phone or the internet.