Federal Grand Jury Indicts Two Men In Separate Child Exploitation Cases

BIRMINGHAM -- A federal grand jury today indicted two men in unrelated child exploitation cases that both involved production of child pornography, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr., and Homeland Security Investigations Special Agent in Charge Raymond R. Parmer Jr.

A four-count indictment filed in U.S. District Court charges ELLIS ORRELL ATKINSON IV, 37, of Huntsville, with one count of producing child pornography, two counts of possessing child pornography and one count of receiving child pornography.

The indictment charges that Atkinson, who was convicted in state court in Madison County in 2002 for possessing child pornography, used a child to engage in sexually explicit conduct in June 2013 so he could photograph it.

The indictment also charges that Atkinson possessed child pornography involving children younger than 12 in July 2013 and May 2013, and that he received child pornography over the Internet in November 2012.

A separate seven-count indictment charges an Etowah County man, VICTOR GRAY DINGLER, 33, with producing child pornography between 2008 and 2014, and with possessing child pornography depicting children younger than 12. Some of the child pornography produced involved a 3-year-old, according to the indictment.

Each production of child pornography charge against Dingler carries a maximum penalty of 30 years in prison and a $250,000 fine. The possession of child pornography charges each carry a maximum sentence of 20 years in prison and a $250,000 fine.

Atkinson, because of his prior child pornography conviction, faces a maximum sentence of 50 years in prison and a $250,000 fine on the production count and 40 years in prison and a $250,000 fine on the receipt count, as well as the 20 years in prison and a $250,000 fine on each possession count.

The FBI investigated the case against Atkinson, which Assistant U.S. Attorney Mary Stuart Burrell is prosecuting.

The Department of Homeland Security-HSI and the Etowah County Sheriff's Department investigated the case against Dingler, which Assistant U.S. Attorneys Jacquelyn Hutzell and Xavier Carter are prosecuting.

Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove guilt beyond a reasonable doubt at trial.