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Grand jury indicts two Magoffin men

SALYERSVILLE – A Magoffin County grand jury released an indictment on Thursday, April 7, charging David K. Jackson, 53, of Allen Drive, in Salyersville, on 21 counts related to the possession and distribution of child pornography, Class D felonies.
The case stemmed from an investigation by the Kentucky State Police’s Electronic Crime Branch, which arrested Jackson on June 24, 2021, at his residence on Allen Drive after conducting an undercover Crimes Against Children (ICAC) investigation.

According to the press release from KSP, the Electronic Crime Branch began the investigation after discovering Jackson uploading images of child sexual exploitation online.

The investigation resulted in the execution of a search warrant at a Salyersville residence on June 25, with equipment used to facilitate the alleged crime seized and take to KSP’s forensic laboratory for examination.

In June, Jackson was arrested without incident and taken to the Big Sandy Regional Detention Center and charged with 20 counts of possessing or viewing matter portraying a minor in a sexual performance and one count of distribution of matter portraying a minor in a sexual performance, which he was indicted on in Magoffin County Circuit Court on April 7.

Jackson is also facing federal charges related to the case, with a federal indictment released on March 24, charging him with two counts of receipt of child pornography and one count of possession of child pornography. He was arrested in that case on March 28 and is currently being held at the Pike County Detention Center, with a federal judge ruling in a detention hearing held on April 8 that he is to remain in custody, pending further orders from the court.

A representative from the Kentucky State Police’s Electronic Crime Branch explained to the Independent that in instances where a federal agency adopts a state-level case after an arrest has been made, as in this case, they are required to continue working the case as they normally would, including seeking grand jury indictments, unless the federal agency picks up all the charges. In this instance, Jackson is federally charged on three counts related to child pornography, but has been indicted at the state level on 21 charges, all surrounding the same KSP investigation.

The KSP representative also clarified that Jackson, if convicted, will not have to serve time on both cases. He can’t be sentenced on the same charge at both levels, but if the other 18 charges are not picked up at the federal level, he could receive separate sentences on those. If all the charges are adopted in federal court, the Commonwealth attorney would then have to motion to have the state-level case dismissed, pending the outcome of the federal proceedings.

Commonwealth Attorney Todd Martin further explained that his office will coordinate with the federal prosecution, and the state case will be put on hold until the federal case reaches a conclusion, and they will go from there. With federal sentencing guidelines stricter than state-level sentencing, he said it takes precedence in this type of situation, and any subsequent sentencing in state court will be set to run concurrently with federal sentences.

Editor’s Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.

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Drug Trafficking Indictment
SALYERSVILLE – A Magoffin County grand jury also indicted Jerry Combs, 46, of Old Lick Creek Road, on April 7, charging him with drug trafficking.

Combs was charged with complicity to trafficking in a controlled substance, first degree, first offense, fentanyl derivatives (Class C felony); and complicity to trafficking in a controlled substance, first degree, first offense (greater than or equal to 2 grams of methamphetamine (Class C felony). According to the indictment, on or about October 17, 2021, Combs allegedly possessed quantities of fentanyl and methamphetamine with the intent to distribute the substances.

An arrest warrant was issued for Combs along with the indictment.

Editor’s Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.

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