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      Judge??s decision on child porn case surprises prosecutors

      A Benzie County man is out of jail after being sentenced Tuesday on child pornography-related charges for the second time.

      A Benzie County man is out of jail after being sentenced Tuesday on child pornography-related charges for the second time.

      The punishment that was handed down from the judge has prosecutors scratching their heads.

      32-year-old Shawn Gatzke was sentenced to five years of probation on charges that could've sent him to prison for up to 20 years.

      ??We were surprised by the judge's departure but we also saw it coming when the judge started laying out his reasons in the courtroom,?? said Jennifer Tang-Anderson, Benzie County Chief Assistant Prosecuting Attorney.

      Gatzke's lawyer asked Benzie County judge James Batzer for probation again so he can get help for post-traumatic stress disorder. The judge agreed and granted that request.

      ??We felt that he had the opportunity to get help and the judge specifically addressed that in his sentencing in saying that he thought the post-traumatic stress symptoms were debilitating him from seeking the help.??

      This isn't the first time Gatzke has faced these kinds of charges. Gatzke, who is a war veteran, was convicted in 2012 on child pornography-related charges and was put on probation.

      Last year he was arrested again for violating that probation by having child porn on his smart phone. The Benzie County prosecutor says some of the child pornography on Gatzke's phone was purchased in the Philippines.

      ??It's definitely a situation where it's case specific; it's fact specific and this was out of the ordinary for a sentencing in Benzie County.??

      In court Gatzke's defense attorney said Veterans Affairs would not be willing to treat him for PTSD if he were behind bars, but would be able to help if he's on probation.

      When reached for a comment regarding the story, Gatzke's lawyer declined to comment.

      Prosecutors have 21 days from the sentence to appeal the judge??s decision. At this time they??re unsure if they will take that course of action.