DA Releases Indictment Against Man Charged With Several Child Sex Crimes

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MAYVILLE – Chautauqua County District Attorney Jason Schmidt released the complete 24-count indictment Wednesday against a Silver Creek man charged in a child sex abuse case.

25-year-old Dustin Post is charged with eleven separate counts of predatory sexual assault against a child, nine counts of first-degree criminal sexual act and first-degree rape, among other charges. According to Schmidt, Post allegedly committed the crimes against seven children between the ages of one and 12 years in or around September 2015 through August 2019.

WNY News Now will now break down the indictment, listing each count and the information provided in the indictment.

• Count One (predatory assault against a child): Around August 2019, Post allegedly committed the crime of first-degree criminal sexual act against a child less than 13. Victim One was reportedly 12-years-old.
• Count Two (predatory sexual assault against a child): Around August 2019, Post allegedly committed the crime of first-degree criminal sexual act against a child less than 13. Victim One was reportedly 12-years-old.
• Count Three (first-degree criminal sexual act): In August 2019, Post allegedly engaged in oral sexual conduct with a child less than 13. Victim On was reportedly 12-years-old.
• Count Four (first-degree criminal sexual act): In August 2019, Post allegedly engaged in oral sexual conduct with a child less than 13. Victim On was reportedly 12-years-old.
• Count Five (predatory sexual assault against a child): During Summer 2018, Post allegedly committed the crime of first-degree criminal sexual act against a child less than 13. Victim Two was reportedly 7-years-old.
• Count Six (first degree criminal sexual act): Post allegedly engaged in oral sexual conduct with a child less than 11 in Summer 2018. The child was reportedly seven-years-old.
• Counts Seven and Eight (predatory sexual assault against a child): Post allegedly committed the crime of first-degree criminal sexual act against a five-year-old child labeled as Victim 3 back in September 2015.
• Counts Nine and Ten (first-degree criminal sexual act): In Sep. 2015, Post allegedly engaged in oral and anal sexual conduct with a five-year-old.
• Count Eleven (predatory sexual conduct against a child): Post allegedly committed the crime of first-degree criminal sexual act against a three-year-old child labeled as Victim 4 back in September 2015.
• Count Twelve (first-degree criminal sexual act): Post allegedly engaged in oral sexual conduct with a three-year-old child labeled as Victim 4 back in Sept. 2015.
• Count Thirteen (first-degree attempted criminal sexual act): Post allegedly attempted to engage in anal sexual conduct with a three-year-old child.
• Counts Fourteen through Sixteen (predatory sexual assault against a child): Post allegedly committed the crime of first-degree criminal sexual act against an 11-year-old child back in Summer 2018. The alleged acts include oral and anal sexual conduct and rape.
• Counts Seventeen and Eighteen (first-degree criminal sexual act) : Post allegedly engaged in oral and anal (conduct with an 11-year-old in Summer 2018.
• Count Nineteen (first-degree rape): Post allegedly engaged in sexual intercourse with an 11-year-old in Summer 2-18.
• Count Twenty (predatory assault against a child): Post allegedly committed the crime of first-degree criminal sexual act against a one-year-old child, labeled Victim 6, in Summer 2019.
• Count Twenty-One (first-degree criminal sexual act): Post allegedly engaged in oral sexual conduct with a one-year-old in September 2019.
• Count Twenty-Two (predatory sexual assault against a child): Post allegedly committed first-degree criminal sexual act against a six-year-old child, labeled Victim 7, in Summer 2018.
• Count Twenty-Three (first-degree criminal sexual act): Post allegedly engaged in oral sexual conduct with a six-year-old child in Summer 2018.
• Count Twenty-Four (first-degree sexual abuse): Post allegedly subjected a six-year-old child to sexual conduct in Summer 2018.

Post 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.

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.

Chautauqua County Public Defender’s Office is currently representing Post locally. A request for comment was not returned from Public Defender Ned Barone as of Thursday morning.