Olean NY man pleads after committing despicable crimes against young children
Prior offender from Rochester was released on probation, still preyed on children
From the US Attorney’s Office,
SOUTHERN TIER MAN PLEADS GUILTY TO DISTRIBUTION OF CHILD PORNOGRAPHY
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that David J. Johnston, 56, of Olean, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of child pornography, which carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that prior to February 19, 2024, Johnston was in a relationship with co-defendant Kayla R. Kio. During the relationship, he requested that Kio take naked videos of a 5-year-old child that they both had access to. On February 19, 2024, Kio took a sexually explicit video of the minor victim using her cell phone and then sent it to Johnston via text message. He took a screen shot from the video, which constituted child pornography, and sent it back to Kio and to other individuals. During this time, Johnson also sent Kio a different image of child pornography via text message. On March 13, 2024, during the execution of a search warrant at Johnston’s residence, law enforcement seized three cell telephones. A review of the cell phones recovered approximately 11 images and one video of child pornography.
Kio was previously convicted of possession of child pornography involving a prepubescent minor and is awaiting sentencing.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera, the New York State Police, under the direction of Major Amie Feroleto, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Eric Butler.
Sentencing is scheduled for May 26, 2026, at 1:30 p.m. before Judge Vilardo.
PRIOR FELON PLEADS GUILTY TO NEW CHILD PORNOGRAPHY CHARGE
ROCHESTER, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Marcobrien S. Volcy, 28, of Rochester, NY, who was convicted of possession of child pornography following a prior conviction under the laws of New York State relating to the possession of child pornography, was sentenced to serve 10 years in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that in August 2023, Volcy pleaded guilty in Monroe County Court to Possessing a Sexual Performance by a Child Less Than 16 Years of Age and was sentenced to one to three years in prison. On January 19, 2024, while on New York State probation for his 2023 conviction, Volcy possessed a cell phone that contained images and videos of child pornography. In total, Volcy possessed more than 650 images and videos of child pornography, some of which depicted prepubescent children.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Philip Tejera.
