David J. Johnston, Distribution of Child Pornography, New York 2024

BUFFALO, N.Y. – A disturbing case of child exploitation has come to light in the Southern Tier region of New York, as 56-year-old David J. Johnston of Olean pleaded guilty to distributing child pornography.

According to U.S. Attorney Michael DiGiacomo, Johnston’s guilty plea is the result of a thorough investigation by the Federal Bureau of Investigation, the New York State Police, and the Cattaraugus County Sheriff’s Office.

Assistant U.S. Attorney Aaron J. Mango revealed that prior to February 19, 2024, Johnston was in a relationship with co-defendant Kayla R. Kio. During this time, 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.

Furthermore, Johnston 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.

Johnston’s plea carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine. Sentencing is scheduled for May 26, 2026, at 1:30 p.m. before U.S. District Judge Lawrence J. Vilardo.

The case serves as a stark reminder of the devastating impact of child exploitation and the importance of holding perpetrators accountable for their crimes.

As this case moves forward, our thoughts are with the young victim and their family, who have endured unimaginable trauma.

Related Federal Cases