Man Found Guilty of Child Porn Crimes in Moundsville

A former Moundsville resident was found guilty during a one-day trial earlier this week of distribution of child pornography, which could land him up to three years in prison.

Carlos Duncan, 50, who currently lives in Mayse, Clay County, was found guilty at trial Monday on distributing and exhibiting child pornography, and child erotica. The first count carries a possible sentence of up to two years in prison, and the second carries a possible sentence of up to a year.

Assistant prosecutors Andrea Poling and Eric Gordon tried the case before Circuit Judge David Hummel, which ended in a guilty verdict on the two counts against him. Poling said that, in addition to the West Virginia State Police investigators, the relative who initially discovered the child porn in Duncan’s possession also testified against him.

“She was the individual who saw the photos on his phone and turned him in,” Poling said Friday. “She happened to see them – he had his phone open, she was using it for something, looked at the gallery and saw the photos. … She waited a couple days until she was away from him, then informed the police, and they were able to execute the search warrant.”

Poling said that although Duncan admitted to police that he had “probably over a thousand” images of child porn in his possession, they were only able to recover less than 50 images that were on his phone, as other media he owned was destroyed before they could be searched.

“Because it was less than 50 images; it used to be you were charged for each picture,” Poling said. “He admitted to the officers, when they asked how many pictures they’d find, that he had ‘a thousand.’ But he had other electronic devices that they weren’t able to search, because they were broken, or otherwise weren’t able to be dumped.”

Hummel ordered a pre-sentence investigation with a three-week deadline, at which point Duncan will return for sentencing. Hummel revoked his bond, incarcerating him at the Northern Regional Jail until his release. Following his sentence, Duncan will be required to register as a sex offender for life before serving 10-to-50 years of supervised release. Should Duncan violate the terms of his release, he could be returned to prison for the remainder of the term of his release.

“It was a good trial, the officers did a wonderful job, and I’m just happy he’s convicted,” Poling said.

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