Indictment comes after defendant Michael Tracy McFadden’s
state conviction for child molestation was overturned by the State Court of
Appeals
GRAND JUNCTION – A federal grand jury in Grand Junction has
returned a five count indictment charging a 47 year old truck driver from Grand
Junction, now residing in Colorado Springs, with traveling across state lines
to engage in sexual acts with children, announced U.S. Attorney Jason Dunn and
FBI Denver Special Agent in Charge Dean Phillips. Authorities arrested McFadden at
approximately 8:00 a.m. early Tuesday morning.
He was taken to the federal courthouse in Grand Junction where he made
his initial appearance this morning before United States Magistrate Judge
Gordon P. Gallagher.
According to the indictment returned by the grand jury on
May 17, 2019:
Between December
25, 2012 and January 3, 2013, McFadden allegedly crossed state lines with the
intent to engage in a sexual act with a person who had not yet attained the age
of 12 years old.
Between December
25, 2012 and January 3, 2013, McFadden allegedly transported the minor across
state lines with intent to engage in sexual activity.
Between December
1, 2010 and January 1, 2011, McFadden allegedly crossed state lines with the
intent to engage in a different sexual act with another person, who had not
attained the age of 12.
Between December
1, 2010 and January 1, 2011, McFadden allegedly transported the minor across
state lines with intent to engage in sexual activity.
Between January 1,
2007, and January 3, 2013, McFadden again allegedly transported a minor across
state lines with the intent to engage in sexual activity.
McFadden was originally charged with sexual assault of
children in state court, where he was convicted by a Mesa County jury. His prison sentence was 324 years to
life. He appealed his convictions and
ultimately prevailed due to a speedy trial violation, which meant he could not
be re-tried in state court. He now has
been indicted by a federal grand jury.
This matter was investigated by the FBI and the Grand
Junction Police Department, with the support of the 21st Judicial District
Attorney’s Office. The defendant is
being prosecuted by Assistant U.S. Attorney Jeremy Chaffin.
The charges contained in the indictment are allegations, and
the defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Childhood, a
nationwide initiative to combat the growing epidemic of child sexual
exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS,
Project Safe Childhood marshals federal, state and local resources to better
locate, apprehend and prosecute individuals who exploit children via the
Internet, as well as to identify and rescue victims. For more information about Project Safe
Childhood, please visit www.justice.gov/psc.
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