The United States Attorney's Office announced that during a federal court session in Missoula, on October 3, 2012, before U.S. District Judge Dana L. Christensen, KEVIN MICHAEL McCARTHY, a 55-year-old resident of Missoula, pled guilty to receipt of child pornography and possession of child pornography. Sentencing has been set for January 10, 2013. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

On December 30, 2010, a search warrant for McCARTHY's residence was obtained by the Missoula Police Department. Numerous CDs and DVDs along with McCARTHY's computers were seized. A large collection of child pornography (videos and images) was located on 23 of the discs which depicted children engaged in sexually explicit conduct.

A computer forensic examiner analyzed the three computers and located over 2,000 images and 89 videos of child pornography. The files were created between October 2000 and December 2010 and depict children engaged in sexually explicit conduct.

When interviewed, McCARTHY admitted using file sharing programs to download child pornography, specifically prepubescent girls, and admitted to storing the files on DVDs. He also admitted he received sexual gratification while viewing the child pornography.

McCARTHY was also prosecuted by the Missoula County Attorney's Office. He pled guilty to sexual assault for subjecting a child to sexual contact without consent (starting when the child was 5-6-years old) between January 1, 2003, and December 31, 2008. He also pled guilty to sexual abuse of children for possessing visual medium (i.e. videos on his computer) depicting child pornography. McCARTHY was sentenced to 20 years at Montana State Prison with 16 years suspended for the sexual assault charge and to 10 years at Montana State Prison with 6 years suspended (to run concurrently with the first count) for sexual abuse of children. Under Montana law, McCARTHY is parole eligible after serving one-fourth of his full-term of commitment (full term is 4 years, so parole eligible after 1 year). He was also ordered to complete Phase I and II of the Sexual Offender Program before being considered for parole. McCARTHY is parole eligible on November 14, 2012.

In rare criminal cases it is appropriate for both federal and state charges to be filed against a defendant - the case against Kevin McCarthy is just such a case," said U.S. Attorney Michael W. Cotter. "When an individual commits crimes against a child in our state it is incumbent on all branches of law enforcement to ensure that the individual is prosecuted to the full extent of the law."

McCARTHY faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.

The investigation was a cooperative effort between the Missoula Police Department and the Montana Division of Criminal Investigation.

 

 

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