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United States of America v. Kevin Edward Swarthout
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: United States District Attorney’s Office
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Tulsa, OK - The United States of America charged Kevin Edward Swarthout with possession and distribution of child porn.
A Tulsa man made an appearance today in federal court for child pornography charges stemming from a Carter County Sheriff’s Office investigation.
Kevin Edward Swarthout, 47, was charged with possession of child pornography and distribution of child pornography.
“There are no more serious criminal allegations than those involving the sexual exploitation of children. The possession and distribution of child pornography is not only criminal, it is abhorrent,” said U.S. Attorney Trent Shores. “This investigation is a reminder that even during these uncertain times, state, local, county, and federal law enforcement officials are working to protect our children from child predators.”
On Dec. 25, 2019, the Carter County Sheriff’s Department conducted an online investigation through a file sharing network. They received 21 files of child pornography from a specific IP address during the course of their investigation. On Feb. 18, 2020, officers received the subscriber’s information for the IP address. The subscriber was located at a physical address in Tulsa.
On May 12, 2020, the Tulsa Police Department Cyber Crimes Unit, Oklahoma State Bureau of Investigation, and Homeland Security Investigations executed a search warrant of the premises. Swarthout was present during the search. Detectives and agents located multiple digital devices allegedly belonging to Swarthout, including a Samsung tablet and SD cards. According to the Criminal Complaint, investigators discovered 100 images and videos of child pornography on the tablet, many depicting adults engaging in sexual intercourse with prepubescent children. They also found an additional 124 images of child pornography on a micro SD card. Investigators are continuing to search other SD cards discovered.
The National Center for Missing and Exploited Children will analyze the images found by investigators in order to identify known and unknown child sexual assault victims.
The Complaint also alleges that during the search, Swarthout stated that he lived at the residence, paid half the utilities including the cable bill, and had previous convictions for child pornography. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days of the defendant’s initial appearance in federal court. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt.
The Carter County Sheriff’s Department, Tulsa Police Department, Oklahoma State Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.
Every day, law enforcement and U.S. Attorneys’ Offices across our nation dedicate themselves to finding justice for missing and exploited children. On May 25, our country recognizes National Missing Children’s Day. President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of 6-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory as well as those children still missing. Etan’s killer was convicted in February 2017 for the 1979 murder, but the case remains active with the National Center for Missing & Exploited Children because his body was never found.
Outcome: The charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.