Albuquerque Man Indicted on Federal Child Pornography Charges

ALBUQUERQUE – Chad F. Summers, 40, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography and firearms offenses. The indictment against Summers was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.

During this morning’s proceedings, Summers entered a not guilty plea to the five-count indictment which charges him with three counts of receiving visual depictions of minors engaged in sexually explicit conduct, one count of possession of a visual depiction of minors engaged in sexually explicit conduct, and one count of being a felon in possession of a firearm. According to the indictment, Summers received child pornography on April 2006 and Dec. 2012, and possessed child pornography in Dec. 2012. Summers also is charged with unlawfully possessing a firearm in Feb. 12, 2013. At the time, Summers was prohibited from possessing firearms and ammunitions because he previously had been convicted of a felony offense, specifically possession of child pornography, in an Oregon state court. The five offenses allegedly occurred in Bernalillo County.

Summers was arrested on Feb. 12, 2013 on a criminal complaint by HSI special agents based on an investigation initiated by the New Mexico State Police (NMSP) in Oct. 2013, that determined that an IP address subscribed to Summers was being used to receive child pornography. According to the criminal complaint, on Feb 12, 2013, law enforcement officers with HSI, NMSP and the Albuquerque Police Department (APD) executed a federal search warrant at Summers’ residence and seized computers and computer-related media which allegedly contained child pornography. Officers also seized a .9 mm pistol during the search of Summers’ residence.

If convicted, Summers faces a maximum penalty of not less than 15 years nor more than 40 years in prison on each of the three receipt of child pornography charges. If convicted on the possession of child pornography charge, Summers faces a maximum penalty of not less than 10 years nor more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Summers’ prior child pornography conviction. The maximum penalty for a conviction on the firearms charge is ten years in prison.

The case was investigated by HSI, the NMSP and APD, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.