IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

UNITED STATES OF AMERICA, : 

: 

: CASE No. 2:18-CR-056(1) 

v. : 

: JUDGE MICHAEL H. WATSON 

DAVID E. FAIRCHILD : 

PLEA AGREEMENT

The United States Attorney’s Office for the Southern District of Ohio (USAO) and the 

defendant, DAVID E. FAIRCHILD, individually and through counsel, pursuant to Rule 

11(c)(1)(A) of the Federal Rules of Criminal Procedure, agree as follows: 

1. Offense of Conviction: The defendant agrees to plead guilty to Counts One and 

Eleven of the Second Superseding Indictment currently pending against him, which charges him 

in Count One with Conspiracy to Produce Child Pornography, in violation of 18 U.S.C. § 

2251(a) and (e), and in Count Eleven with Committing a Felony Offense Against a Minor as a 

Registered Sex Offender, in violation of 18 U.S.C. § 2260A, and will not withdraw his plea. The 

defendant admits that he is, in fact, guilty of these offenses and will so advise the Court. 

2. Elements of the Offenses: The elements of the offenses to which the defendant 

has agreed to plead guilty, are as follows: 

Count One 

a) The defendant conspired or agreed with at least one other person to commit the 

crime of production of child pornography, the elements of which are: 

i. A defendant employed, used, persuaded, induced, enticed or coerced, an 

individual to engage in sexually explicit conduct for the purpose of 

producing a visual depiction of that conduct; 

ii. The individual so employed, used, persuaded, induced, enticed or coerced 

was under the age of 18 years at the time; and 

iii. The visual depiction was produced or transmitted using materials that 

were mailed, shipped, or transported in or affecting interstate or foreign 

commerce by any means, including by computer or the internet; and 

b) The defendant knowingly and voluntarily joined the conspiracy. 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 1 of 12 PAGEID #: 225
2 

 Count Two 

1. The defendant committed a felony offense against a minor, including an offense 

under 18 U.S.C. § 2251;

2. At the time he committed the offense, the defendant was required by federal or 

state law to register as a sex offender. 

3. Penalties: The statutory penalties are as follows: 

Count One 

a) A minimum of 15 years of imprisonment, but not more than 30 years of 

imprisonment, a term of supervised release of at least 5 years, a fine not to exceed 

$250,000.00; 

b) Mandatory restitution pursuant to 18 U.S.C. § 2259; 

c) Forfeiture; and 

d) A mandatory special assessment of $100.00 due prior to sentencing. Pursuant to 

18 U.S.C. § 3014, the defendant understands that in addition to the $100 special 

assessment imposed under 18 U.S.C. § 3013, the court shall assess $5,000 on any 

non-indigent person or entity. 

Count Two 

a) A mandatory ten-year consecutive term of incarceration, a term of supervised 

release of not more than three years, a fine not to exceed $250,000; and 

b) A mandatory special assessment of $100.00 due prior to sentencing. Pursuant to 

18 U.S.C. § 3014, the defendant understands that in addition to the $100 special 

assessment imposed under 18 U.S.C. § 3013, the court shall assess $5,000 on any 

non-indigent person or entity. 

4. Waiver of Rights: The defendant understands that he has the following rights: 

a) To plead not guilty; 

b) To have a trial by jury; 

c) To be assisted by counsel during such trial; 

d) To confront and cross-examine adverse witnesses; 

e) To testify, if so desired, and to present evidence and compel the attendance of 

witnesses; 

f) To not be compelled to testify or present evidence, and to not have these decisions 

held against the defendant; and 

g) To be presumed innocent throughout trial and until a jury finds proof of guilt 

beyond a reasonable doubt. 

The defendant further understands that if the Court accepts his guilty plea pursuant to this 

plea agreement, there will be no trial and he waives these rights. 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 2 of 12 PAGEID #: 226
3 

5. Applicability of Advisory Sentencing Guidelines: The defendant understands 

that in determining a sentence, the Court has an obligation to calculate the applicable sentencing 

guideline range and to consider that range, possible departures under the United States 

Sentencing Guidelines (“U.S.S.G.”), and other sentencing factors under 18 U.S.C. § 3553(a). 

6. Factual and Agreed Sentence Stipulation: The parties agree to the Statement of 

Facts set forth in Attachment A, and incorporate it here by reference. The parties further agree 

that the Statement of Facts provide the factual basis for the defendant’s plea, and for the 

following advisory sentencing guideline factors: 

a) The parties agree that U.S.S.G. § 2G2.1 is the guideline section applicable to 

Count One, resulting in a base offense level of 32. 

b) The parties agree that the following special offense characteristics pursuant to 

U.S.S.G. § 2G2.1(b) apply; 

i. A four-level increase pursuant to subsection (b)(1) because the offense 

involved a minor who had not attained the age of 12 years; 

ii. A two-level increase pursuant to subsection (b)(2) because the offense 

involved the commission of a sexual act or sexual contact; 

iii. A two-level increase pursuant to subsection (b)(3) because the defendant 

knowingly engaged in distribution; 

iv. A four-level increase pursuant to subsection (b)(4) because the offense 

involved material that portrays an infant or toddler; and 

v. A two-level increase pursuant to subsection (b)(5) because the defendant 

was a relative or guardian of the minor, or the minor was otherwise in the 

custody, care or supervisory control of the defendant. 

c) The defendant understands that the Probation Officer may determine, and the 

government may concur, that the two-level increase contained in U.S.S.G. § 

2G2.2(b)(6) and the special instruction contained in § 2G2.1(d) apply. 

d) The parties agree that U.S.S.G. § 2A3.6 is the guideline section applicable to 

Count Eleven, resulting in a guideline sentence of 10 years. 

e) The USAO does not oppose a 2-level reduction in offense level pursuant to 

U.S.S.G. § 3E1.1 based upon the defendant’s acceptance of responsibility, 

provided that the defendant’s conduct continues to demonstrate compliance with 

the terms of § 3E1.1. The defendant may be entitled to an additional 1-level 

decrease pursuant to U.S.S.G. § 3E1.1(b) in recognition of the defendant’s timely 

notification of his intention to plead guilty. 

 

f) The Court maintains discretion to determine all other aspects of the sentence. 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 3 of 12 PAGEID #: 227
4 

7. Additional Obligations of the Defendant: 

a) Cooperation 

The defendant agrees that he has a continuing obligation to testify truthfully and 

completely, as requested by authorities of the United States, concerning all matters 

pertaining to the Second Superseding Indictment filed herein and to any and all other 

criminal activity related to child pornography or the sexual exploitation of minors, in 

which he may have been involved or as to which he may have knowledge. The defendant 

further agrees to provide a complete statement to the USAO and any designated law 

enforcement agency concerning such matters pursuant to this agreement. The defendant 

also agrees to submit to supplemental debriefings on such matters as requested by the 

USAO and any designated law enforcement agency, whether before or after his plea is 

entered. In turn, pursuant to U.S.S.G. § 1B1.8, the government agrees that any selfincriminating information so provided will not be used against the defendant in 

determining the applicable guideline range for sentencing, or as a basis for upward 

departure from the advisory guideline range. 

b) Restitution 

The defendant understands that he will be required to pay full restitution to the 

victims of the offense to which he is pleading guilty. The defendant agrees that, in 

exchange for the U.S. Attorney=s Office=s compliance with its obligations under this 

agreement, the Court may also order that he pay restitution to persons other than the 

victims of the offense to which the defendant is pleading guilty. In particular, the 

defendant agrees that the Court may order restitution to any victim of any other child 

pornography or child exploitation offenses that occurred during the time frame alleged 

in the Second Superseding Indictment, or which were otherwise discovered by the 

government during the course of the investigation in this case and known to the 

government at the time that this Plea Agreement is signed. The defendant further 

agrees that he will not seek the discharge of any restitution obligation, in whole or in 

part, in any present or future bankruptcy proceeding. In furtherance of this agreement: 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 4 of 12 PAGEID #: 228
5 

i. If so requested by the USAO, the defendant will promptly submit a completed 

financial statement to the USAO. The defendant will acknowledge that such 

financial statement and disclosures will be complete, accurate, and truthful; 

ii. The defendant expressly authorizes the USAO and any agency designated by the 

USAO to obtain a credit report on the Defendant; 

iii. If requested by the USAO, the defendant will promptly execute authorizations to 

permit the USAO or its designated agency to obtain financial and tax records of 

the defendant. 

c) Forfeiture 

The defendant agrees to voluntarily surrender for forfeiture to the United States 

all of his right, title, and interest in all property recovered from him during the 

investigation, including but not limited to the following (“subject property”): 

 One Dell laptop computer 

 One LG cellular phone 

The defendant acknowledges that the above described subject property was 

involved in his violations of 18 U.S.C. § 2251(a) and (e) as alleged in Count One of the 

Second Superseding Indictment and is therefore subject to forfeiture to the United 

States under 18 U.S.C. § 2253(a)(1) and (3). 

The defendant waives all interests in and claims to the subject property listed 

above and hereby consents to the entry of a Preliminary Order of Forfeiture forfeiting 

the subject property to the United States. The defendant acknowledges that the 

forfeiture of the subject property may be accomplished through administrative, civil, or 

criminal proceedings at the United States’ sole discretion. The defendant understands 

that forfeiture of the subject property, if the United States elects to conduct the 

forfeiture criminally, will be part of the sentence imposed upon him/her in this case, 

and waives any failure by the Court to advise him/her of this, as required by Federal 

Rule of Criminal Procedure 11(b)(1)(J), during the change-of-plea hearing. The 

defendant further waives the requirements of Federal Rules of Criminal Procedure 32.2 

and 43(a) regarding announcement of the forfeiture in the defendant’s presence at 

sentencing and incorporation of the forfeiture in the judgment.

The defendant waives all constitutional and statutory challenges (including direct 

appeal, collateral attack, or any other means) to the forfeiture. As the subject property 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 5 of 12 PAGEID #: 229
6 

covered by this agreement is forfeitable as property used or intended to be used to 

commit or to promote the commission of the offense of 18 U.S.C. § 2251(d)(1)(A) to 

which he has agreed to plead guilty, the defendant agrees to take all steps deemed 

necessary by the United States to complete the forfeiture and disposal of the subject 

property, including testifying truthfully in any judicial proceeding. Finally, the 

defendant releases any and all claims whatsoever that he may have against the United 

States, its agencies, and their employees, arising out of the facts giving rise to the 

seizure, forfeiture, and disposal of the subject property. 

8. Obligations of the USAO: The USAO will not further prosecute the defendant 

for conduct prior to the date of this plea agreement that was part of the same course of criminal 

conduct described in the Second Superseding Indictment and that was known by the USAO at 

the time of the execution of this plea agreement. The USAO agrees to the dismissal of any 

remaining counts of the Second Superseding Indictment against the defendant at entry of the 

final judgment. This agreement does not bind any other local, state, or federal prosecutions. 

9. Waiver of Appeal: In exchange for the concessions made by the USAO in this 

plea agreement, the defendant waives the right to appeal his conviction and the sentence 

imposed, except if the sentence imposed exceeds the statutory maximum. Defendant also waives 

the right to attack his conviction or sentence collaterally, such as by way of a motion brought 

under 28 U.S.C. § 2255. However, this waiver shall not be construed to bar a claim by the 

defendant of ineffective assistance of counsel or prosecutorial misconduct. 

10. Freedom of Information Act: The defendant waives all rights under the 

Freedom of Information Act relating to his investigation and prosecution and agrees not to file 

any request for documents. The defendant also waives all rights he may have under the Privacy 

Act of 1974, which prohibits the disclosure of records contained in a system of records without 

his written request or consent. 

11. Special Conditions Related to Child Exploitation Offenses:

a) The defendant understands that under the Sex Offender Registration and 

Notification Act (SORNA), as a result of his conviction for the offense to which he is pleading 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 6 of 12 PAGEID #: 230
7 

guilty, the defendant must register as a sex offender and keep such information current in the 

jurisdictions where the defendant resides, is employed, or is a student. The defendant must 

update such registration not later than three business days after any change of the defendant’s 

name, residence, employment, or student status, or other relevant information. Failure to comply 

with these obligations subjects the defendant to prosecution under 18 U.S.C. § 2250, as well as 

applicable state statutes. 

b) The defendant understands and agrees that during any term of supervised release 

he will be subject to special conditions which include, but are not limited to the following: 

restrictions and/or prohibitions of the defendant’s computer usage; installation of monitoring 

software on any of the defendant’s computers; prohibitions on the defendant possessing any 

obscenity in any form; participation in recommended treatment programs; complete disclosure of 

any contact with minor children; among other restrictions and conditions which are reasonably 

related to the defendant’s offense. 

12. Acceptance of Plea Agreement: The defendant understands that the Court is not 

bound by the sentencing recommendations or stipulations of the parties and that it is within the 

sole discretion of the Court to impose the sentence in this case. 

13. Violation of Plea Agreement: The defendant agrees to abide by the terms of this 

agreement, including all of the conditions listed in U.S.S.G. § 3E1.1. The defendant understands 

that in the event he violates this agreement, the USAO will be relieved of all of its obligations 

under this agreement and may institute any charges or sentencing recommendations that would 

otherwise be prohibited by this agreement, and the defendant will not be relieved of any of his 

obligations under the plea agreement. Further, the defendant understands and agrees that if he 

violates this agreement or it is voided for any reason, the defendant waives all defenses based 

upon the statute of limitations and the Speedy Trial Act as to any charges that are part of the 

same course of criminal conduct described in the Second Superseding Indictment. 

14. Defendant’s Acknowledgment: The defendant acknowledges that he has read 

and understands this plea agreement; that he accepts this plea agreement knowingly and 

voluntarily and not as a result of any force, threats, or promises, other than the promises in this 

plea agreement; that he has conferred with his attorney regarding this plea agreement and the 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 7 of 12 PAGEID #: 231
Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 8 of 12 PAGEID #: 232
9 

ATTACHMENT A: 

STATEMENT OF FACTS 

The United States and Defendant David E. Fairchild stipulate and agree that if this case 

proceeded to trial, the United States would prove the facts set forth below beyond a reasonable 

doubt. They further stipulate and agree that these are not all of the facts that the United States 

would prove if this case had proceeded to trial. 

 In late January of 2018, the Franklin County Internet Crimes Against Children (“ICAC”) 

Task Force received a CyberTip from the National Center for Missing and Exploited Children 

(“NCMEC”). The CyberTip was submitted to NCMEC by Google in regards to a digital video 

file depicting child sexual abuse that was uploaded to Google from Google username David 

TwistedBottomFreak Fairchild, email address davidfairchild19@gmail.com. The CyberTip 

information included the email address from which the video was uploaded, the IP address 

utilized to upload the video, and the actual video. The video was titled “Windows Media Player 

1_19_2018 4_31_03 PM.mp4” and depicted an adult male anally penetrating a juvenile child, 

who appeared to be approximately two years of age or younger, with his penis. 

 Initial investigation of the Google username and gmail address provided in the CyberTip 

resulted in the identification of an individual named David E. FAIRCHILD, who was a 

registered sex offender living in the Kirkersville, Ohio area. Additional investigation confirmed 

that FAIRCHILD was residing at an apartment in Kirkersville with family members, which 

included several young children, one of whom appeared to be the same age as the child depicted 

in the video reported by Google. The IP address from which that video was uploaded also was 

assigned to the address where FAIRCHILD was living. 

 On February 2, 2018, a search warrant was executed at FAIRCHILD’s residence. A Dell 

laptop computer was located in FAIRCHILD’s bedroom and a forensic preview was conducted. 

A digital video file titled “Windows Media Player 1_19_2018 6_03_51 PM.mp4” was located on 

the laptop computer, which depicted FAIRCHILD performing oral sex on a juvenile child 

(hereinafter Victim #1). Victim #1 was identified as one of the children who lived in the 

residence with FAIRCHILD and was born in . FAIRCHILD’s face was visible in the video 

performing oral sex on Victim #1. The video had a file created date of January 19, 2018. Other 

child pornography files were found on FAIRCHILD’s computer, and FAIRCHILD admitted in 

an interview that he sought out and viewed child pornography through various online sources. 

One of the videos located on FAIRCHILD’s computer was the same video that had been 

uploaded to Google and which had prompted Google’s CyberTip to NCMEC. Although, due to 

the appearance and age of the minor child in the video, this video was initially believed to depict 

Fairchild and Victim # 1, investigators later learned from NCMEC that the video depicts a 

different identified child. The producer of the video has been prosecuted in Knoxville, TN. 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 9 of 12 PAGEID #: 233
10 

Further forensic examinations were conducted of several pieces of digital media that were 

recovered from FAIRCHILD’s bedroom, including and LG Stylus cellular phone and a Dell 

laptop computer. The examinations revealed that FAIRCHILD was actively involved in 

obtaining and sharing child pornography and discussions about sexually abusing children. 

Specifically, the forensic examination of FAIRCHILD’s cellular phone revealed Kik 

Messenger conversations beginning in late December of 2017 with an individual utilizing the 

Kik user name "countryguy030". During these conversations, countryguy030, who was later 

identified as Jesse G. Szuba, and FAIRCHILD exchanged child pornography and discussed their 

desire to sexually abuse children. Their conversations also continued via text message, phone 

conversation and email. During both Kik and text message conversations, FAIRCHILD and 

Szuba discussed their desire to sexually abuse Victim #1 and a relative of Szuba 

(herein referred to as Victim #2). FAIRCHILD also sent Szuba several video attachments that 

depicted FAIRCHILD sexually abusing Victim #1, including portions of the video described 

above that was recovered from FAIRCHILD’s laptop computer. They further discussed their 

child pornography collections and other children that FAIRCHILD had allegedly sexually 

abused. Examples of these conversations are as follows: 

At the end of a Kik conversation on January 26, 2018, Szuba provided FAIRCHILD with 

his email address. A short time later, the two began conversing via text message and engaged in 

the following exchange: 

Szuba: Sent you my email 

FAIRCHILD: I’m working on it 

Szuba: Is it you 

FAIRCHILD: Yes 

Szuba: Mmm and the little one and friend 

FAIRCHILD: No me and [Victim #1] 

Szuba: Oh God yes 

Szuba: When did you get her 

FAIRCHILD: a few days ago 

Szuba: Mmmm God I cant wait 

Szuba: To see what you did 

FAIRCHILD: Hold on 

FAIRCHILD: On. I have trimmed the Hell out of it. Hold on. 

FAIRCHILD: I hope you can see them 

Szuba: OMG that’s fucking hot 

Szuba: To bad you could get dick in 

FAIRCHILD: Right 

Szuba: Dude I want to join you one night when you have her 

FAIRCHILD She tasted so damn good 

Szuba: I told you pussy taste amazing 

FAIRCHILD: I want you to fuck me while I eat her 

Szuba: Oh I will 

FAIRCHILD: I mean pound me HARD 

Szuba: I will pound you so hard you will be slamming your tongue in her pussy 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 10 of 12 PAGEID #: 234
11 

During the course of this conversation, FAIRCHILD sent Szuba an MMS message that 

contained two video clips. The video clips were portions of the video that was found on 

FAIRCHILD’s computer, which depicted him performing oral sex on Victim #1. The 

conversation then continued: 

Szuba: I was going to call you and tell you what [Victim #2] did last night 

FAIRCHILD: Go ahead 

Szuba: I can call 

FAIRCHILD: Yes 

[four to five minute lapse in text message communications] 

FAIRCHILD: Yeah he wants you 

Szuba: Yea he does 

FAIRCHILD: You need to give it to him 

Szuba: Let’s see if I get alobe 

FAIRCHILD: Sweet 

FAIRCHILD: Got my dick hard 

Szuba: I bet 

FAIRCHILD: Hopefully you can do it. And hopefully on Zoom 

Zoom is an online meeting forum, in which numerous individuals can communicate via 

webcam. It has been known by law enforcement to be a place where child pornographers meet 

and live-stream child pornography files or live child sex abuse to all other members in a 

particular online meeting room. During his interview, FAIRCHILD admitted that he had 

obtained child pornography via Zoom. 

A search warrant was executed at Szuba’s residence on February 12, 2018. Szuba was 

interviewed and admitted that he met FAIRCHILD through an ad on the online classified ad 

website Craigslist and that they engaged in graphic sexual conversations about Victim #1 and 

Victim #2. Szuba further admitted to exchanging child pornography with FAIRCHILD including 

sending FAIRCHILD a photograph of Victim #2 nude in the bathtub. The images Szuba 

described were located on FAIRCHILD’s computer and were confirmed to depict Victim #2. 

Further review of Fairchild’s digital media and the content of his email account, which 

was obtained through a search warrant served on Google, Inc. for the content of the Google 

accounts associated with the email address davidfairchild19@gmail.com, revealed that 

FAIRCHILD engaged in numerous additional chats and email conversations with others about 

child pornography and the sexual abuse of minors. 

 

FAIRCHILD also communicated via email with the user of the email address 

needadaddy82newark@outlook.com, who was later determined to be Michael Allen. During 

these communications, FAIRCHILD sent Allen numerous emails containing video attachments 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 11 of 12 PAGEID #: 235
12 

and links to a Google Drive account. The emails were sent between approximately September 1, 

2017, and November 27, 2017. At least 11 videos were attached to these emails, 10 of which 

depicted minors, including toddler-age children, being sexually abused. For example, a video 

that was attached to one email sent on September 2, 2017, and another email sent on October 2, 

2017, depicted the anal rape of a female child who appeared to be three to four years of age. An 

email sent on October 14, 2017, contained five video attachments, four of which depicted child 

sexual abuse, including, the anal rape of a toddler-age child; a prepubescent boy being anally 

raped while his hands were handcuffed and his mouth was duct-taped; an approximately 11-13 

year old male being anally raped; and an approximately 10-12 year old male performing oral sex 

on another unknown male. Two emails that Fairchild sent to 

needadaddy82newark@outlook.com in November of 2017 contained six different links to 

Google Drive accounts. Although the precise content of those Google Drive accounts accessible 

through those links could not be determined, review of Fairchild’s Google Drive account 

confirmed the presence of numerous child pornography files. 

A search warrant was executed at Allen’s address in June of 2018. Allen was present at 

the time that the search warrant was executed, and agreed to speak with officers. During the 

interview, he admitted that he had communicated with FAIRCHILD and received child 

pornography from him. 

FAIRCHILD was convicted in 1997 in the Franklin County Court of Common Pleas, of 

one count of Attempted Kidnapping, in violation of O.R.C. §§ 2923.03 and 2905.01. As a result 

of this conviction, FAIRCHILD was required to register as a sex offender, and was so registered 

throughout December of 2017 and January of 2018. 

 

 FAIRCHILD now admits that between December of 2017 and January of, 2018, in the 

Southern District of Ohio, he did knowingly conspire, confederate and agree with another to 

employ, use, persuade, induce or entice a minor to engage in sexually explicit conduct for the 

purpose of producing visual depictions of such conduct, and such visual depictions having been 

transported or transmitted using any means or facility of interstate or foreign commerce, and that 

he did so while required to register as a sex offender under Ohio law. 

I have read the statement of facts and have carefully reviewed it with my attorney. I 

acknowledge that it is true and correct. 

_________________________ 

Date DAVID E. FAIRCHILD 

 Defendant 

I am David E. Fairchild’s attorney. I have carefully reviewed the Statement of Facts with 

him. 

_________________________ 

Date RASHEEDA Z. KHAN 

 Attorney for David E. Fairchild 

Case: 2:18-cr-00056-MHW Doc #: 70 Filed: 11/21/18 Page: 12 of 12 PAGEID #: 236