Greg Clabaugh, 61, of Floyd County, Virginia was sentenced to three years in prison and three years of probation, with an additional seven years in prison suspended, after he pled guilty today to two counts of reproduction of child pornography.
His son, Mark Clabaugh, 31, of Floyd County, was sentenced to two years in prison and three years of probation, with an additional eight years in prison suspended, after he also pled guilty to two counts of reproduction of child pornography. Both defendants must register as sex offenders upon release. This was the latest conviction for internet crimes against children secured by the Office of attorney general Mark R. Herring, who announced the sentences following today’s hearings in Floyd County.
“Law enforcement has no greater mission than protecting our children and holding accountable those who would do them harm,” said attorney general Herring. “I am proud that we were able to put these individuals behind bars where they belong, but we all know there is so much more work to be done. As Attorney General, I will be looking for ways to bring new technologies and new strategies to the fight against cyber crime targeting Virginia’s children, especially child pornography and child solicitation.”
The defendants in this case were detected after Christiansburg police detectives discovered Greg Clabaugh sharing child pornography images over a peer-to-peer network. Upon executing a search warrant, agents discovered a laptop computer containing child pornography and file sharing software in his bedroom. While interviewing Greg Clabaugh, agents discovered his son, Mark Clabaugh, had also been involved in downloading child pornography, and had burned CDs of the material for his father. Agents subsequently interviewed Mark Clabaugh, who admitted to downloading, viewing, and burning CD copies of child pornography for delivery to Greg. A subsequent forensic exam of the computer found in the house, as well as several CDs and thumb drives, revealed more than 600 child pornography images and videos. The case was investigated by both the Virginia State Police and the Christiansburg Police Department.
The Computer Crimes Section of attorney general Herring’s office, led by Senior Assistant attorney general Gene Fishel, assists local and federal partners investigating internet crimes against children by prosecuting these specialized cases on request and providing high-quality forensic assistance through the section’s computer forensic unit. The Attorney General’s Office is an active member of both the Northern Virginia and Southern Virginia Internet Crimes Against Children Task Forces, headquartered in the Virginia State Police and the Bedford County Sheriff’s Office respectively.
In recent weeks, the Attorney General’s Office has worked with state and local law enforcement to secure multiple convictions and lengthy prison sentences for child pornography and solicitation offenses at the state level, and has assisted in securing several federal convictions. These cases include:
Commonwealth v. Phillip Dietrich (Henrico County) – On April 16, 2014, Dietrich pled guilty to three counts of possession of child pornography and was sentenced to three years of active imprisonment with an additional seven years suspended, followed by three years of probation and registration as a sex offender. In 2010, detectives with the Richmond Police Department detected Dietrich sharing over 1,000 child pornography over the Internet. The defendant utilized unsecured wireless connections to engage in this conduct. Officers ultimately seized Dietrich’s computer equipment and a resulting forensic analysis revealed 24 confirmed images of child pornography as well as approximately 65 videos and many images of self-labeled “jailbait” material and child erotica. The case was investigated by the Richmond Police Department, part of the Southern Virginia Internet Crimes Against Children Task Force.
Commonwealth v. Ralph Kevin Steffey (Prince George County) – On April 10, 2014, the defendant pled guilty to four counts of distribution of child pornography and four counts of possession of child pornography and was sentenced to six years of active imprisonment with an additional 14 years suspended. The defendant will serve an additional five years of probation and must register as a sex offender. In February of 2013, undercover agents detected the defendant trading child pornography via a peer-to-peer network. Agents executed a search warrant at the defendant’s residence, however the defendant happened to be in North Carolina at the time. The defendant was apparently tipped off to the search and destroyed his personal laptop claiming later that he had “sold it to a trucker in North Carolina.” However, agents seized another laptop from his bedroom, which upon forensic examination yielded 17 child pornography videos and 53 child pornography thumbnails, along with file sharing software. This case was investigated by the Virginia State Police and the Federal Bureau of Investigation.
Commonwealth v. Robert Beverage (Greene County) – On April 9, 2014, the defendant pled guilty in Greene County Circuit Court to two counts of online solicitation of a minor and will serve two years of active imprisonment, with an additional two years suspended, followed by two years of probation. The defendant must register as a sex offender. At the time of his offense, the defendant was a Greene County Sheriff’s deputy who was discovered soliciting a 17-year-old girl for pornographic images over Facebook and cellular telephone. In exchange for the images, the defendant allowed the victim to speak with her incarcerated boyfriend. This case was investigated by the Virginia State Police as part of the Northern Virginia Internet Crimes Against Children Task Force.
Commonwealth v. David Haston (Chesterfield County) – On April 7, 2014, the defendant entered guilty pleas to one count of possession of child pornography and seven counts of possession of child pornography, second or subsequent offense. The defendant was identified through an investigation into the trading of child pornography over peer-to-peer networks on the Internet. After an undercover officer downloaded several child pornography files from a computer located at the defendant’s residence, the officer executed a search warrant at the residence in April 2012. During the search the defendant admitted searching for and downloading child pornography through peer-to-peer networks. The defendant admitted storing most of his child pornography on his cellular telephone. A subsequent forensic examination of a microSD card found within his cellular telephone revealed hundreds of images depicting child pornography. The defendant’s sentencing is scheduled for July 29, 2014. The case was investigated by the Richmond Police Department, part of the Southern Virginia Internet Crimes Against Children Task Force.
Commonwealth v. Devin Johnson (Chesterfield County) – On March 27, 2014, Johnson pled guilty to two counts of distribution of child pornography and was sentenced to five years of active imprisonment with an additional ten years suspended, followed by four years of probation. The defendant must register as a sex offender. Undercover detectives initially detected the defendant sharing child pornography videos over a peer-to-peer network. Agents tracked down the suspect after following numerous leads and arranged a meeting with Johnson at which he consensually surrendered his computer equipment. A forensic exam of the computer equipment indicated the presence of file sharing software and less than a dozen images of child pornography. The case was investigated by the Richmond Police Department, part of the Southern Virginia Internet Crimes Against Children Task Force.
Commonwealth v. James Bowles (Accomack County) – On March 19, 2014, Bowles pled guilty to four counts of possession of child pornography, and was sentenced to two years of active imprisonment with 18 years suspended, five years of probation, and mandated sex offender registration. Virginia State Police agents discovered Bowles sharing child pornography over peer-to-peer networks in September and October 2012 and executed a search warrant in October of 2012 at the defendant’s residence. During an interview, Bowles admitted to downloading and watching child pornography. A subsequent forensic examination yielded hundreds of child pornography files on Bowles’ laptop. The case was investigated by the Virginia State Police as part of the Northern Virginia Internet Crimes Against Children Task Force.
FEDERAL CASES
United States v. Fidel Rodriguez and Yida Perez (Richmond) – On April 3, 2014, both defendants were sentenced to 15 years of active imprisonment with five years of supervised release. Fidel and Yida are husband and wife and parents of former defendant, 30 year-old Yosvany Rodriguez. Defendants were detected after undercover agents downloaded child pornography from Yosvany’s computer at the residence. A subsequent search warrant and forensic examination revealed that all three family members engaged in sexual conduct with a juvenile and photographed and filmed it. Admissions by the parties revealed they had been engaging in such conduct with the victim for many years. Hundreds of additional images of child pornography were recovered from Yosvany’s computer and steps were immediately taken to ensure the victim was no longer in danger. Four days before trial, Defendant Yosvany committed suicide. On November 18th, 2013, a bench trial of the defendants was held in US District Court who had each been charged with four counts of production of child pornography. The court ultimately found both defendants guilty of all four counts. The case was investigated by the Federal Bureau of Investigation and the Richmond Police Department.
United States v. Stephen Moody (Richmond) – On April 17, the U.S. District Court sentenced the defendant to six years of active imprisonment – five years for his conviction for receipt of child pornography and 12 months for his conviction for contempt of court. The defendant was identified after detectives successfully a file containing child pornography from the defendant’s computer. Agents executed a search warrant at the defendant’s residence in October 2013. Subsequently, the defendant was arrested on a criminal complaint charging him with receipt of child pornography. A forensic examination of the defendant’s computer and external hard drive revealed the presence of more than 14,000 images and 500 videos of child pornography. While on pretrial supervision, the defendant cut his location-monitoring bracelet from his ankle and fled from home incarceration, which led to his contempt conviction. The case was investigated by the Federal Bureau of Investigation and the Richmond Police Department.
United States v. James R. Tompkins Jr. (Richmond) – On March 14, 2014, the U.S. District Court sentenced the defendant to five years of active imprisonment for his conviction for receipt of child pornography in December 2013. The defendant was identified during an investigation into the trading of child pornography over the Internet. After an undercover officer downloaded twenty-one files of child pornography from a computer that was traced to the defendant’s residence, the FBI executed a search warrant at the residence on August 30, 2013. During the search the defendant admitted looking for and downloading child pornography with various file-sharing software programs. A forensic examination of the defendant’s laptop revealed more than 400 videos of child pornography. The case was investigated by the Federal Bureau of Investigation and the Richmond Police Department.
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