United States of America v. Fainyan Kain James Kimmerly

Spokane, Washington criminal defense lawyer represented defendant charged with persuading a 13-year-old to produce sexual images of the 13-year-old and send the images to the Defendant.



In the summer of 2019, Fainyan Kain James Kimmerly, age 22, of Spoken, used Facebook to communicate with a 13-year-old whom he knew to be a minor. In a series of Facebook Messenger communications, Kimmerly engaged in a dominant-submissive sexual relationship with the minor. Among other inappropriate conduct, Kimmerly specifically requested that the minor take sexually explicit images of the minor's own body and send those images to Kimmerly. In 2010, Kimmerly sustained a juvenile conviction in Spokane County for Child Molestation in the First Degree, and was a registered sex offender under Washington law when he engaged in the conduct charged in the federal case.



Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, praised the victim's bravery and commended the FBI's sensitive and victim-centered approach to its investigation. "Children must be safe from sexual predators, particularly those who have offended before,” said U.S. Attorney Waldref. "In this case, the FBI's Special Agents, victim and witness specialists, and forensic examiners all took care to put the specific needs of the 13-year-old minor at the forefront of their investigation. Above all, I commend the victim on having the strength to come forward and shine a light on Mr. Kimmerly's misconduct. Protecting children from harm, especially sexual exploitation online and IRL (in real life), is critical to building a safe and strong Eastern Washington community. I am delighted to note that even Mr. Kimmerly's conduct has not succeeded in silencing or sidetracking the minor's life; today, on the very day of sentencing, that minor is attending a college fair and looking to the future.”



"This is not the first time Mr. Kimmerly has demonstrated disregard for a vulnerable person,” said Donald M. Voiret, Special Agent in Charge of FBI Seattle Field Office. "His conduct in this case was particularly egregious, given some of the challenges his victim was already facing. I applaud the work of our investigators and victim advocates, as well as our colleagues at the United States Attorney's Office, for standing up for people who deserve support, not victimization.”



This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative ("PSC”) has five major components:



ꞏ Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;



ꞏ Participation of PSC partners in coordinated national initiatives;



ꞏ Increased federal enforcement in child pornography and enticement cases;



ꞏ Training of federal, state, and local law enforcement agents; and



ꞏ Community awareness and educational programs.



For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources.”



This case was investigated by the Spokane Resident Office of the FBI, with significant assistance from the Spokane Police Department. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington.



One Line enticement of a minor.

Defendant was sentenced to 144 months in prison, followed by life time supervised related and assessed $100.00.