Gates Man Pleads Guilty To Child Pornography Charge

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Zeitvogel, 45, of Gates, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.

NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department. Zeitvogel had been convicted of Endangering the Welfare of a Child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody violating his probation.

A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations between Zeitvogel and the minor victim on Facebook, which took place between March and June 2019. Investigators also determined that the two had been in contact at the defendant’s home. 

The plea is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly

Sentencing is scheduled for March 17, 2020, before Judge Siragusa.

# # # #