Pierre man admits guilt on child-porn charge

Capitol News Bureau
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PIERRE, S.D. (KELO) — A Pierre man who refused to give investigators the password for his locked cell phone after they seized it two years ago has now pleaded guilty to a federal crime of possessing pornographic images of young girls.

David Leroy Foster, 35, signed a statement admitting he had 300 to 600 pictures and videos on his phone of girls younger than age 12. Many of the images showed the girls in sexual activities with men.

The federal prosecutor dropped a second charge against Foster of receiving and distributing pornography.

The U.S. Marshals Service declined a KELOLAND request Tuesday for a photograph of Foster.

An agent for the federal Department of Homeland Security discovered Foster’s involvement in early 2017 during an undercover operation.

According to court records, Foster received the illegal images between October 5, 2016, and May 4, 2017.

Sentencing is set July 29 before U.S. District Judge Roberto Lange in Pierre. Foster is behind bars at the Hughes County Jail.

Foster faces a maximum sentence of 20 years in prison and a fine up to $250,000.

Afterward, he must serve at least five years and possibly the rest of his life on supervised release.

He also must pay a $5,000 assessment to the domestic trafficking victims’ fund and pay $100 to the victims’ assistance fund.

The guilty-plea agreement was reached in April. As part of it, the sides agreed on a sentencing guideline of 57 to 71 months.

The agreement further calls for Foster to pay $127,500 to 17 victims who are listed in court records by pseudonyms. Amounts range from $3,000 to $15,000.

His court file contains a criminal-debt receipt dated May for a presentence payment of $120,100 from Foster Rentals.

He was the registered agent for the business starting in 2015. The company changed to a different registered agent after his January 2018 arrest.

The president of the business is his father, Leroy Foster.

According to a statement David Foster signed April 23:

“The phone was sent to the HSI Cyber Crimes Center where a forensics agent performed an extraction of the device data and provided the extracted contents.

“A forensic analysis determined the Defendant’s iPhone6 contained over 4,700 images (including duplicates) of child pornography.

“A review of the videos on the Defendant’s iphone6 revealed over 100 videos (including duplicates) of child pornography.

“The photographs and videos the Defendant possessed depicted juvenile females between the ages of 8 to 12 years old.

“Many of the images depicted children being vaginally penetrated by an adult male penis or performing oral sex on an adult male penis.

“Several images depict infants and toddlers. All images and videos depicting child pornography found on the Defendant’s phone were transmitted over the internet and moved in interstate/foreign commerce.”

Foster made his initial appearance in Pierre federal court on January 19, 2018. He was initially released on his own recognizance. A federal magistrate refused his mother’s request in February 2018 that he be allowed to join his parents on a vacation in Hawaii.

NOTE: Disturbing details are in the court documents below
 

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