Child porn charges filed
Gallup man accused of downloading images

By Leslie Wood
Staff Writer

GALLUP — A Patton Drive man is facing 20 criminal counts of sexual exploitation of children for allegedly downloading child pornography on his home computer.

Authorities discovered the illegal material while conducting a search warrant at 46-year-old Delbert Benally's residence at the 800 Block of Patton Drive.

Benally pleaded innocent to the allegations and is set to stand trial in District Court on Oct. 9, according to court records.

Benally's case is just one of the many possession of child pornography cases being investigated by the Internet Crimes Against Children Unit at the New Mexico Attorney General's Office.

The unit often investigates these cases because of the lack of resources on the local level.

Sgt. Albert Benally, of the McKinley County Sheriff's Department, said the agency does not have the equipment or technology to search computers for such illegal material.

"Fortunately, we haven't had many of these types of cases," Benally said.

The ICAC unit's agents are tasked with investigating crimes against children which occur over the Internet. This could include solicitation of a minor or viewing child pornography.

"Law enforcement agencies around New Mexico and the world are combating the online predation of children as diligently as possible," Special Agent Lois M. Kinch wrote in an e-mail response to The Independent's questions. "Many predators have become educated by the NBC television show 'To Catch a Predator,' but this show has also opened the eyes of parents and hopefully driven home the fact that there are Internet predators out there that will prey on their children, if given the chance."

If convicted of possessing child pornography, a defendant could face up to 18 months in prison for each criminal count. The offender will also be required to register as a sex offender and report to the appropriate authorities on a regular basis.

Offenders not only download inappropriate material at home, but on computers at their work place.

Kinch recommends employers filter and monitor the types of Web sites their employees can access to prevent such instances. If child pornography is discovered on a computer designated for work, employers should ensure the employee in question doesn't access the computer again.

"The best practice is to pull the power plug from the back of the computer tower for Windows machines, but in a corporate setting an IT person would be the best person to ask to assist with the computer's shutdown," Kinch wrote.

Law enforcement should be notified immediately about the situation. Statistics also indicate that many sexual predators have committed more sexual offenses that their criminal record details because they have never been arrested for the previous crimes. The unit offers the following information for employers:

One very obvious activity an employee may use to hide their illegal actions, while at work or home, is minimizing the computer screen when someone walks by.

If someone is dowloading or involved in any criminal activity, using an employer's computer, that equipment is subject to being seized because it is now evidence in a criminal matter.

It is important for employers to filter or limit the types of Web sites that can be accessed by employees.

If an employee is downloading child pornography, employers should ensure the employee does not access the computer again and immediately notify law enforcement.