United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.
Gary Asmus, age 41, was indicted on Oct. 21, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on November 5, 2014, and pleaded not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 5 years’ imprisonment up to 20 years’ imprisonment and/or a $250,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between December 2013 and March 2014, at Rapid City, Asmus knowingly distributed and possessed computers files containing images of child pornography.
The charges are merely accusations and Asmus is presumed innocent until and unless proven guilty.
The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Asmus was released pending trial. A trial date has not been set.
Source: U.S. Department of Justice, Office of the United States Attorneys