U.S. District Judge Stephanie A. Gallagher has sentenced David William Jai Herder, age 41, of Ijamsville, Maryland, to seven years in federal prison, followed by lifetime supervised release, for distribution of child pornography. Judge Gallagher also ordered Herder to pay restitution totaling $45,000 to identified victims abused by others to produce the child pornography that Herder subsequently distributed, received, and/or possessed.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron: Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Frederick County Sheriff Charles A. “Chuck” Jenkins.
According to his guilty plea agreement, in January of 2020 investigators at the Federal Bureau of Investigation received information regarding the trading of child pornography in several chat groups on a messaging application. Herder was identified as one of the individuals participating in the trading and distribution of child pornography images. For example, in June of 2020, Herder distributed at least two images of child pornography, both depicting prepubescent females between the ages of four and nine years old. Records received from the messaging application and Internet service provider resolved to the residence where Herder was living.
On August 27, 2020, law enforcement executed a search warrant at Herder’s residence, seizing several electronic devices, including two phones and a tablet. It was determined that Herder used one of the phones to access his messaging account when engaging in the distribution and receipt of child pornography. Further investigation of the phone revealed between 150 and 300 image and video files documenting the sexual abuse of minors, including prepubescent minors, sadistic and masochistic abuse, and other depictions of violence. Evidence was presented at today’s sentencing hearing that Herder possessed a total of 887 videos and 597 image files of child pornography and that he distributed a total of 100 videos and 70 image files depicting the sexual abuse of minors.
According to Herder’s plea agreement, Herder informed investigators that he created the instant messaging account associated with the child pornography and that he used chatrooms to distribute, as well as receive, child pornography. Herder also detailed that he had been looking at child exploitive material one to two times a day for sexual pleasure, preferring children 6-7 years old and older.