NM elementary school janitor arrested on federal child pornography charges

ALBUQUERQUE, N.M. — A New Mexico man remains in custody following his initial hearing in federal court Tuesday on child pornography charges.

This case was investigated by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

David Anaya Garcia, 31, of Las Cruces, New Mexico, was arrested July 2 on child pornography charges. He made his initial appearance in federal court July 6; a preliminary hearing and detention hearing are set for this week.

The criminal complaint charges Garcia with distributing and possessing child pornography. According to the complaint, HSI initiated the federal investigation leading to Garcia’s arrest after the New Mexico Attorney General’s Office reported that an investigation was opened by the New Mexico Internet Crimes Against Children (ICAC) Task Force.  This ICAC investigation revealed that an Internet Protocol address subscribed to Garcia’s residential address in Las Cruces was being used to download images consistent with child pornography.

The Doña Ana Sherriff’s Department, Las Cruces Police Department and HSI executed a federal search warrant at Garcia’s residence July 1 in Las Cruces. HSI special agents subsequently arrested Garcia the following morning.

If convicted on the distribution charge, Garcia faces a prison sentence of not less than five years and not more than 20 years.  If convicted on the possession charge, Garcia faces a federal prison term of up to 10 years. Garcia may also be required to register as a sex offender.

Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.

This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 12,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2014, more than 2,300 individuals were arrested by HSI special agents under this initiative and more than 1,000 victims identified or rescued.

HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196. Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.

For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page.

HSI is a founding member and current chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.