DENVER—Daniel Ivan Ashby, age 40, of Thornton, Colorado, was sentenced late
last week by Senior U.S. District Court Judge Wiley Y. Daniel to serve 90 months
in federal prison for possession of child pornography, United States Attorney
John Walsh and FBI Special Agent in Charge James Yacone announced. Following the
90-month (over seven years) sentence, Ashby was ordered to serve five years on
supervised release. Ashby appeared at the sentencing hearing on bond and was
remanded at its conclusion.
In 2011, Ashby was affiliated with Calvary Community Baptist Church and
Community Christian School in Northglenn as a school administrator.
Ashby was indicted by a federal grand jury in Denver on July 9, 2012. He pled
guilty to the possession of child pornography charge on October 4, 2012. He was
sentenced on January 25, 2013.
According to the stipulated facts contained in a plea agreement, an
investigation initiated by the FBI determined that a particular computer was
sharing depictions that could be child pornography files from a computer that
was used both in Peru and in Colorado. Further investigation determined that at
least 125 such files of interest had been shared from the target computer
between January 5 and October 30, 2011. FBI agents then determined through
investigative means that the computer had accessed the Internet from an Internet
protocol (IP) address assigned to a residence in Thornton, Colorado, where
Daniel Ivan Ashby resided. FBI agents also found that the potential child
pornography images had also been shared from another Colorado IP address, this
one assigned to Calvary Community Baptist Church in Northglenn. Calvary
Community Baptist Church operates a school named Community Christian School. The
school’s website identified Ashby as the school administrator.
During undercover computer sessions, FBI agents were able to determine that
the computer in Thornton was sharing multiple files of interest. After
downloading the files of interest, the FBI determined the images were child
pornography. On December 2, 2011, the FBI obtained a search warrant for the
Thornton residential address. During the execution of that warrant, law
enforcement officers seized several electronic items, including two laptops.
Interviews with the occupants of the residence revealed that Daniel Ivan Ashby
did download child pornography.
Following the execution of the search warrant in Thornton, law enforcement
officers and Ashby drove separately to Calvary Community Baptist
Church/Community Christian School in Northglenn. Agents obtained consent to
search the computers at this location. Church and school computers did not
contain child pornography.
“The defendant in this case ran a Christian school while possessing child
pornography,” said U.S. Attorney John Walsh. “His 90-month sentence demonstrates
that those who possess child pornography, especially those in a position of
trust, face lengthy prison sentences.”
“Individuals who are investigated, prosecuted, and appropriately sentenced
for their heinous acts against defenseless children can never be disregarded as
merely someone who is looking at pictures,” said FBI Denver Special Agent in
Charge James Yacone. “This case demonstrates what investigative agencies and our
United States Attorney’s Office can accomplish by working together.”
This case was investigated by the Federal Bureau of Investigation (FBI),
Innocent Images Task Force.
Ashby was prosecuted by Assistant U.S. Attorney Ryan Bergsieker.
This case was brought as part of Project Safe Childhood (PSC), a nationwide
initiative launched in May 2006 by the 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, PSC marshals federal, state, and local resources to locate,
apprehend, and prosecute individuals who sexually exploit children and to
identify and rescue victims. For more information about PSC, please visit
http://www.justice.gov/psc. For more information about Internet safety
education, please visit http://www.justice.gov/psc/resources.html and click on
the tab “Resources.”
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