BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David A. Johnston, 55, of Allegany, NY, and Kayla R. Kio, 26, of Olean, NY, were arrested and charged by criminal complaint with conspiracy to produce child pornography, which carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on March 2, 2024, the New York State were called to Wal-Mart in Olean, for a report of a domestic dispute. Kio reported that she was being stalked and harassed by her ex-boyfriend, Johnston. The two worked together at Wal-Mart. Kio stated that in February 2024, while she was in the process of breaking up with Johnston, he requested that she produce and send to him sexually explicit videos of a 5-year-old child. Troopers seized Kio’s cell phone and recovered multiple videos and images of child pornography.
On March 13, 2024, the NYSP executed a search warrant at Johnston’s Allegany residence, during which they seized four cell phones and a tablet. Investigators recovered videos of child pornography and sexually explicit communications exchanged between Kio and Johnston. Johnston was charged with Possessing a Sexual Performance of a Child and Endangering the Welfare of a Child, while Kio was charged with Promoting a Sexual Performance by a Child and Endangering the Welfare of a Child. In 2007, Johnston was convicted of Indecent Assault and Corruption of Minors in McKean, PA, County Court.
Johnston and Kio made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Kio was released on conditions. Johnston is being held pending a detention hearing on September 17, 2024, at 2:30 p.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Stanley Edwards, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.