Idaho man ‘stole her innocence’ at Kuna day care. Now he’ll spend decades in prison

In 2020, the COVID-19 pandemic and closures meant that many parents struggled to find child care. One father said that was the reason he was sending his child more frequently to the day care run by the wife of 48-year-old Garrett Mallery, out of their Kuna home.

It was around this time that his daughter was “touched inappropriately” by Mallery, according to the Ada County Prosecutor’s Office, and the ensuing investigation resulted in police finding some of the worst child pornography one detective had ever seen, according to Ada County Deputy Prosecutor Katelyn Farley.

Mallery pleaded guilty to felony injury to a child and six counts of possession of sexual exploitation of a child in March, and he was in court for sentencing Tuesday afternoon — with about 12 family members of victims in attendance.

Two judges handed out the sentences.

On the six possession counts, 4th District Judge Peter Barton sentenced Mallery to 40 years in prison, with 20 years fixed before he will be eligible for parole. For felony injury to a child, District Judge Patrick Miller gave Mallery 10 years in prison, to be served concurrently with the other sentence.

Mallery was also given a no-contact order that will make it illegal for him to contact or be within 200 feet of a female minor, and Miller ordered him to pay a $5,000 civil penalty to the victim in the child injury case.

“The defendant’s acts stole her innocence and subjected her to unnecessary pain and trauma,” Farley said in court.

Initially, Mallery pleaded not guilty and sought a jury trial, but then changed his plea. His attorney said Mallery did that to save a jury from having to view the disturbing images found on his devices. This move, argued his attorney, should earn him a lighter sentence.

Prosecutors disagreed, saying an expert evaluation had indicated that Mallery was unlikely to be rehabilitated and likely to reoffend. The judges sided with the prosecution.

The victim’s father had intended to read an impact statement in court, but “listening to the proceedings made him physically ill,” Farley said, and he was unable to do so.

“I appreciate the courage shown by the victim’s family during this difficult case,” Ada County Prosecutor Jan Bennetts said in a news release. “Finally, thank you to the Ada County Sheriff’s Office who thoroughly investigated these crimes.”

The Sheriff’s Office said it received reports of Mallery’s abuse starting in April 2020. A full-scale investigation began later that year.