New federal indictment opened Thursday
BY RACHEL DOVE
MOUNTAIN CITIZEN
PIKEVILLE — A Beauty man already under federal indictment for producing and distributing child pornography is facing additional charges following the release of a new indictment Thursday in U.S. District Court in Pikeville.
Donald York Jr., 69, was indicted by a federal grand jury in June 2022 on two counts of producing child porn and one count of distributing it. The superseding indictment opened Thursday charges him with two additional counts of producing child porn and one additional count of distributing.
York is accused of coercing a female juvenile into engaging in sexually explicit conduct so he could produce porn. According to the indictment, the explicit conduct included using sex toys and foreign objects, such as a metal water bottle and Coca-Cola brand soda bottle, and performing oral sex on an adult male.
The indictment states the crimes occurred between September 2019 and April 2020.
The federal court has seized a cellphone, laptop computer and two hard drives that belonged to York.
York also faces pending state charges on an indictment handed down Aug. 5, 2021, in Martin County. That indictment charges York with first-degree rape of a minor, first-degree unlawful transaction with a minor, second-degree unlawful transaction with a minor, and possession/viewing of matter portraying a sexual performance by a minor for acts that allegedly occurred from 2019 to 2020.
The Martin County indictment also accuses York of giving the female juvenile Gabapentin (Neurontin) and marijuana before the sexual performances.
The state case in Martin Circuit Court has been on hold pending the outcome of the federal trial now scheduled for April 10 after numerous postponements.
Assistant Commonwealth Attorney Matt Runyon says if York is found guilty of the federal charges, he will then stand trial in Martin County on any state charges different from the federal charges.
“You can’t charge a defendant in two different court systems on the same charges, but you definitely can if the charges are different,” Runyon explained. “According to what I see, at least three of the charges the state has are separate from those in the federal indictments. If found guilty in both courts, the judge would decide whether the sentencing would be served consecutively or concurrently.”
York was initially remanded to the Big Sandy Regional Jail in Paintsville following his indictment in Martin County. Following the federal indictment in June 2022, he was incarcerated in the Pike County Detention Center, where he remains.
“I’m sure additional information has come to light since Mr. York has now been indicted in federal court for the second time and faces two additional charges,” said Runyon. “As information unfolds and comes to light, you often see this happen. Federal investigators are very thorough and only bring charges when they have evidence they feel will secure a conviction.
Runyon said the state is prepared to proceed with its case following the federal trial.