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April 10, 2007
A Dallas-area man is charged federally with attempting to entice a child
HOUSTON-A 37-year-old man from Garland, Texas, was charged yesterday with attempting to entice a minor over the Internet and is currently being held in federal custody without bond pending further criminal proceedings. This charge was announced by U.S. Attorney Donald J. DeGabrielle Jr., Southern District of Texas. This case was investigated by U.S Immigration and Customs Enforcement (ICE).
Following an April 9 hearing, David Martinez of Garland, Texas, near Dallas, was ordered detained without bond by U.S. District Court Magistrate Judge Stephen W. Smith. Martinez was arrested March 28 by ICE agents after arriving at a Houston-area apartment complex, allegedly for the purpose of meeting and having sex with a 14-year-old girl with whom he had been chatting online.
According to the allegation in the criminal complaint filed following his arrest and testimony given in open court yesterday, between March 12 and March 28, Martinez allegedly engaged in a series of online chats with an undercover officer posing as a 14-year-old Houston-area girl. During sexually explicit chats, the undercover officer specifically identified himself as a 14-year-old girl. Martinez identified himself as a 28-year-old male, according to the criminal complaint.
The Internet conversations culminated with a planned meeting between Martinez and the minor on March 28 at the Houston-area apartment complex where the minor lived for the purpose of engaging in sex. Martinez allegedly told the minor he would bring a morning-after pill to avoid pregnancy.
On March 28 at 1:40 p.m. agents conducted surveillance at the complex and observed a man, later identified as Martinez, driving a blue Volkswagen Jetta into the complex parking lot. According to the complaint, the vehicle was seen stopping at building 9 of the complex as had been planned.
When uniformed agents and officers approached the vehicle, Martinez attempted to flee. He stopped at the locked apartment gate and was arrested.
A search of the Volkswagen Jetta resulted in the recovery of a package found to contain a pill marked "plan-B" (morning-after pill), a black bag containing adult pornographic DVDs, a map to the apartment complex, and a piece of paper containing the apartment complex gate code.
The court found there was probable cause to believe that Martinez had attempted to entice a child via the Internet and forwarded the case to the grand jury for further action. Meanwhile, Martinez will remain in federal custody without bond. The charge of attempted enticement of a minor carries a statutory minimum prison sentence of 10 years and a maximum term of life upon conviction, and a lifetime of supervised release.
"Identifying and investigating those who seek to victimize children is one of the most important responsibilities that we have," said Giovanni Gaudioso, acting special agent in charge of the ICE Office of Investigations in Houston.
ICE, the Kemah Police Department and the Harris County Precinct 4 Constable office conducted the investigation leading to the criminal charges.
The case was brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov. Assistant U.S. Attorney Richard Magness, Southern District of Texas, is prosecuting this case.
A criminal complaint is a formal accusation of criminal misconduct, not evidence. The defendant is presumed innocent unless and until convicted through due process of law.
This investigation was part of Operation Predator, a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers. Since Operation Predator was launched in July 2003, ICE agents have arrested more than 9,700 individuals, including 862 in Texas.
ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. Investigators staff this hotline around the clock.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.
-- ICE --
