Garth Day appeared before Judge Dee Benson on Tuesday for sentencing. Judge Benson first invited Day’s attorney to speak. Day’s attorney, Brad Smith spoke and requested that the court deviate from the recommended sentence. He asserted that when Day came to him on August 27 of 2010 he was a “broken man…He had in effect sold his self respect and honor for money…I have watched him take difficult steps to restore his honor,” said Smith. Smith asserted that Day had come forward voluntarily once he felt that discovery was imminent, but that he had revealed the full nature of his crimes beyond what was going to be immediately discovered, including a bank loan and a letter of credit of which the county was not yet aware.