A resident of Olean, New York, has pleaded guilty to the distribution of child pornography, according to an announcement from U.S. Attorney Michael DiGiacomo. David J. Johnston, 56, entered his plea before U.S. District Judge Lawrence J. Vilardo and now faces a mandatory minimum sentence of five years in prison and up to 20 years, along with a potential $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango stated that before February 19, 2024, Johnston was involved in a relationship with co-defendant Kayla R. Kio. During their relationship, Johnston asked Kio to record naked videos of a 5-year-old child they both knew. On February 19, 2024, Kio used her cell phone to make a sexually explicit video of the minor and sent it to Johnston by text message. Johnston then took a screenshot from the video and sent it back to Kio as well as other individuals; this image was considered child pornography. He also sent Kio another image of child pornography via text message.
On March 13, 2024, law enforcement executed a search warrant at Johnston’s home and seized three cell phones. A review of these devices revealed about eleven images and one video containing child pornography.
Kio had previously been convicted for possession of child pornography involving a prepubescent minor and is awaiting sentencing.
The investigation was conducted by the Federal Bureau of Investigation under Special Agent-in-Charge Philip Tejera, the New York State Police under Major Amie Feroleto, and the Cattaraugus County Sheriff’s Office led by Sheriff Eric Butler.
Sentencing for Johnston is scheduled for May 26, 2026 at 1:30 p.m., before Judge Vilardo.
