CHARLOTTE - Gretchen C. F. Shappert, United States Attorney for the Western District of North Carolina, and Kevin Kendrick, Special Agent in Charge, Federal Bureau of Investigation, announce that Derek Garth Dyda, 37, of Charlotte, has been indicted by a federal grand jury on two counts alleging violations of the federal laws prohibiting sexual exploitation of children.DYDA, of 12541 Britton Woods Place, Charlotte, was arrested Friday, March 3 by Agents of the Federal Bureau of Investigation. He made his initial appearance before a federal magistrate judge in Charlotte today (Monday, March 6, 2006) and was ordered detained in federal custody until Thursday, March 9, 2006 when he scheduled for a detention and arraignment hearing.
DYDA is alleged in Count One with the knowing distribution of one or more visual depictions that had been transported in interstate and foreign commerce, which involved the use of a minor engaging in sexually explicit conduct on or about December 28, 2004, in Mecklenburg County.
Count Two alleges that DYDA, on or about July 1, 2005, in Mecklenburg County, knowingly possessed a computer which contained numerous images and video files of minors engaging in sexually explicit conduct.
If convicted, DYDA faces a statutory minimum sentence of five years = imprisonment, a $250,000 fine, or both, up to a statutory maximum sentence of twenty years = imprisonment, a $250,000 fine, or both, as to the distribution count (Count One). As to Count Two, the possession count, the defendant, if convicted, faces a maximum statutory term of up to ten years = imprisonment, a $250,000 fine, or both. However, it is important to note that any sentence received upon conviction will be influenced by the Federal Sentencing Guidelines, which the Court consults in order to determine each defendant = s actual sentence. Sentences are based upon a formula that takes into account the severity and characteristics of the offense and each defendant = s criminal history, if any.
The charges contained in the indictment are only allegations. In the American justice system, a person is presumed innocent unless and until he or she is proven guilty in a court of law.
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DEREK GARTH DYDA
DOB: 9/18/68
12541 Britton Woods Place
Charlotte, North Carolina