BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned an 11 count indictment charging Timothy Laubacker, 25 of Lockport, NY, and Travis Guerriera, 26, of Olcott, NY, with conspiracy to distribute and receive child pornography, distribution of child pornography, receipt of child pornography, and cyberstalking. The charges carry a minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine. Laubacker also is charged with production of child pornography and attempted production of child pornography which carry a minimum penalty of 15 years in prison, a maximum of 30 years and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment and information revealed in Court, in September 2015, Victim 1 reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that Victim 1 sent to her then-boyfriend Travis Guerriera when she was about 14 years old.
During the investigation, it was determined that Laubacker was the individual who had contacted Victim 1 on Facebook. The investigation also determined that the co-defendant, Guerriera, had shared the initial images of Victim 1 with Laubacker. Victim 1 did not send the images requested by Laubacker. Thereafter, Laubacker posted a link on an anonymous website containing pornographic images of Victim 1.
In June 2015, Laubacker attempted to entice a second victim (Victim 2) via Facebook to produce pornographic images. When Victim 2 didn't comply, Laubacker threatened to distribute images that he claimed to have of Victim 2. These threats continued until November 2015. Laubacker made initial contact with Victim 2 during his former employment as a behavioral health aide at a mental health facility. Laubaker was terminated from that employment in late December 2015 for inappropriate communications with another minor female.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Laubacker was released on bail; a detention hearing is set for Guerriera on Aug. 15, 2016 at 11:15 a.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Niagara County Sheriff’s Department, under the direction of James Voutour. The task force includes the Buffalo Police Department, the Cheektowaga Police Department and the Niagara County Sheriff’s Department. Additional assistance was provided by the St. Louis, MO office of the FBI.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Source: U.S. Department of Justice, Office of the United States Attorneys
