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MAYVILLE – A 25-year-old Silver Creek man is facing dozens of charges in connection to alleged crimes against children in Chautauqua County.
Chautauqua County District Attorney Jason Schmidt unsealed a 24-count indictment against Dustin Post who is accused of 11 separate crimes of predatory first-degree sexual assault against a child, nine separate crimes of first-degree criminal sexual act and first-degree rape, all felonies.
“The crimes described in this indictment are alleged to have been committed against seven different children here in Chautauqua County, the oldest being 12 years old and the youngest being one,” Schmidt said. “They span the period between in and or around September 2015 through August 2019.”
“I want to applaud the bravery of child victims and their families who come forward to tell their stories,” Schmidt added “No one wants to relive traumatic events. They do so in order that others do not experience what they have.”
In addition, Schmidt says that, although it’s preferred to prevent such crimes from occurring, it’s imperative for law enforcement to ensure that justice is served.
“My mission in coming on board here as District Attorney was to put victims first in our prosecutorial decisions and hold people accountable when they harm others. Where there is evidence of a crime, my office will fight for the victims of those crimes,” Schmidt said. “No segment of our community is more precious to us and more vulnerable to those who prey on the weak than children. As a society, we bear a responsibility to protect our children who, often times, are defenseless and most at risk of being abused.
“Ideally we would achieve this preventatively, before crimes against children take place. But that generally doesn’t happen and it therefore falls on police and prosecutors to ensure that justice is served – that those who prey on the weak are held to answer for their crimes,”
Chautauqua County First Assistant District Attorney Tracey Brunecz is prosecuting the case. Brunecz explained how the opportunity presented itself for Post.
“He had access to these children by befriending the children’s mothers or other caregivers, so these were children that were known to him,” Bruncecz explained. “Unbeknownst to the parents or the caregivers, they had no idea what had been (allegedly) going on with Mr. Post.”
Schmidt and Bruncecz declined to discuss specifics of the case, as the investigation remains ongoing. Schmidt said, however, there could be other victims involved in the case. Those with information are asked to call his office at 716-753-4241.
Post also plead guilty to producing and possessing child pornography connected to a separate federal case from the U.S. Attorney’s Office in Buffalo. The charges carry a mandatory minimum penalty of 25 years in prison and a maximum of 50 years, along with a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is prosecuting, says that State Police in Fredonia began investigating Post after he video-recorded his alleged abuse of a 12-year-old girl. In Nov. 2019, they allegedly discovered what was suspected to be child pornography in the form of images and video.
U.S. Attorney James P. Kennedy, Jr. said the coordinated effort between federal and state law enforcement, along with the Chautauqua County Child Advocacy Program (CAP), was key to results in both cases.
Kennedy outlined an instance in where Post allegedly recorded a video of a 12-year-old girl performing oral sex on him.
“The defendant told that girl that his own two-year-old son was kidnapped, and the kidnappers were demanding he send them a video of the young girl performing oral sex on him so that his son might be released,” Kennedy said. “That of course was not true.”
“Very, very disturbing.”
Sentencing is schedule for Oct. 1 at 9:30 a.m. on the Federal charges. Kennedy says a plea agreement or plea bargain wasn’t reached, Post simply plead guilty.
Schmidt says Post, on the county charges alone, will likely spend the rest of his life behind bars if convicted. Schmidt says that the sentencing on those charges, if convicted, would likely run consecutively to the Federal sentencing.
A not guilty plea was entered on Post’s behalf this morning. Should he post bail, which was set at $1 million cash/$2 million property. Kennedy tells WNY News Now’s Matt Hummel that Post would remain in custody on the Federal charges.
A discovery conference is scheduled for June 28, and Schmidt says he expects a trial to occur in roughly six months, barring any motion filed by the defense, along with other issues related to the backlog of cases due to COVID-19.
Schmidt asks other victims in the community, who may be connected to this case, to contact his officer at (716) 753-4241.
Post is being represented by the Chautauqua County Public Defender’s Office. WNY News Now has attempted to reach Public Defender Ned Barone for comment.
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