United States Attorney James T. Jacks
Northern District of Texas

FRIDAY, DECEMBER 18, 2009
http://www.usdoj.gov/usao/txn/

FORMER KAUFMAN COUNTY CHURCH MUSIC MINISTER INDICTED
ON CHILD PORNOGRAPHY CHARGES

DALLAS — A federal grand jury in Dallas has returned an indictment charging David Ray Gray, 60, with one count of receipt and attempted receipt of child pornography and one count of possession of child pornography, announced U.S. Attorney James T. Jacks of the Northern District of Texas. Gray, who until recently was the Music Minister at the Mt. Olive Baptist Church near his residence in Scurry, Texas, has been on bond following since his arrest on November 23, 2009, on charges outlined in a criminal complaint.

The indictment alleges that on September 11, 2009, Gray downloaded an image of child pornography from the Internet. The indictment further alleges that on November 3, 2009, Gray possessed more than three visual depictions, including video files and still images, depicting a minor engaged in sexually explicit conduct.

According to the affidavit filed with the complaint, on November 3, 2009, U.S. Immigration and Customs Enforcement (ICE) agents visited the Gray residence, based on a lead from the ICE Cyber Crimes Center, Child Exploitation Section. The lead concerned a target at the Gray residence who was purchasing subscriptions to a child pornography website via the Internet.

Gray voluntarily stated that he had viewed and downloaded child pornography pictures onto his personal computers and stated that he had purchased a 30-day subscription to a child pornography site. A search of his home computer and his church office computer both revealed images of child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov/

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. The possession of child pornography count carries a maximum statutory sentence of ten years in prison and a $250,000 fine, upon conviction. The receipt and attempted receipt of child pornography count carries a maximum statutory sentence of not less than five years or more than 20 years in prison and a $250,000 fine, upon conviction. Gray could face up to a lifetime of supervised release and will be required to register as a sex offender.

The case is being investigated by ICE and prosecuted by Assistant U.S. Attorney Aisha Saleem.

###