Saturday, August 09, 2014

Probable cause affidavit: Joplin man was seeking sex with 10-year-old girl

The preliminary hearing and detention hearing for a Joplin man who thought he was arranging for sex with a 10-year-old girl and instead found law enforcement waiting for him will be held 19:30 a.m. Tuesday in U. S. District Court in Springfield.

Prosecutors are asking that Erik Leroy Clark, 35, be held without bond.

The charges against Clark are spelled out in the probable cause affidavit:


I, Timothy Williams, being first duly sworn, do hereby depose and state that:

1. I am a Task Force Officer (TFO) with the Homeland Security Investigations (HSI). As part of the Affiant’s daily duties as an HSI TFO, the Affiant investigates criminal violations of federal law relating to child exploitation including violations pertaining to the illegal production, receipt, and possession of child pornography (18 USC 2252(a)(2) and 2252(a)(4)(B)), Coercion and enticement (18 USC 2422) and Transportation of minors (18 USC 2423) as well as other federal statutes involving child exploitation. The Affiant has received training in the area of child exploitation and child pornography investigations, enticement, inducement of minors and has had the opportunity to observe and review numerous examples of child pornography in all forms of media, including computer media.
The Affiant has been employed as a sworn law enforcement officer since 2001 and has been employed with the Jasper County Sheriff Office since 2006. The Affiant is assigned to the Southwest Missouri Cyber Crimes Task Force.

2. The statements contained in this affidavit are based on information the Affiant learned through personal knowledge, investigative reports from other Investigators familiar with this investigation, and conversations with Investigators familiar with this investigation and who are formally trained and experienced in conducting investigations involving child exploitation.

3. On July 14, 2014 the Affiant created an undercover ad posted on an online social networking website, under the “Casual Encounters” section. The ad was titled “Looking for someone into incest/taboo things –w4m-40.” The ad included a narrative, which read: “Looking for someone who is practicing incest or is interested in incest. Mother daughter. No spammers put incest in subject line so I know you are serious. Disease free.”
4. On Sunday, July 20, 2014, a subject, subsequently identified as Erik Leroy Clark, responded to the ad, and the display name showed as “Erik Clark”. Clark used an email address of “erik.clark1998@gmail.com.” E-mails travel in interstate commerce through servers located outside of the state of Missouri. Affiant, in a female undercover capacity, responded to Clark. Affiant told Clark that the ad was for someone to teach her 10 year old daughter about sex. Very quickly, Clark started suggesting a meeting. Clark said he was willing to help, but that the affiant, the 10-year old girl’s mother, needed to be present to make sure she wasn’t pulling Clark’s leg, and so Clark didn’t get in trouble.

Shortly after this communication, Clark suggested meeting at Target. In subsequent e- mails Clark made the following statements: “I can show her all the positions if you want;” “Then show her 69 and finger play then let her get on top to make it easier for her then when she’s ready show her doggy and “mishinary and end of the bed or side which ever is best;” and “the first penetration hurts a little but she will have to go at her speed to get used to it.”

5. On July 23, 2014, Affiant received a digital photograph from Clark’s above- identified Google e-mail account. The photograph depicted a white male with a moustache and wearing glasses. Clark asked if Affiant’s undercover identity had received the photograph.

6. On July 20, 2014, Clark first suggested a meeting. Subsequently, Clark suggested meetings on several other occasions. Clark suggested meeting at Wal-Mart, Target, Go Zone (gas station) and a park. Affiant repeatedly told Clark no to each meeting request. Finally, Affiant’s undercover identity agreed to meet Clark at a park located in Joplin, Jasper County, Missouri, within the Western District of Missouri.

7. Clark initiated contact with Affiant’s undercover identity several times between July 20, 2014, and August 6, 2014. On August 6, 2014, at approximately 3:27 p.m., Clark stated, “I’m on my way to the park”.

8. The Southwest Missouri Cyber Crimes Task Force arrived at the park and Affiant saw a white Nissan passenger car matching the description provided by Clark, driving through the park. As the vehicle drove past Task Force Officers, the driver of the vehicle was identified as Clark, the same person depicted in the image sent to the Affiant on July 23, 2014. Contact was made with Clark at 6th Street and Ozark Street, Joplin, Jasper County, Missouri, where he was turning around to go back to the park. Upon initial contact, Clark immediately stated, “I knew it, I knew it, I knew I was going to get in trouble.”

9. Clark was removed from his car and placed in handcuffs. He was escorted to the front passenger seat of Affiant’s assigned vehicle. Affiant conducted an audio recorded interview with Clark and he was advised his Miranda rights. He consented to a search of his car and his cell phone. Located in the car was a “Hello Kitty” ball, Durex tropical flavored condoms (which were made in the country of Malaysia) and a bottle of Equate warming liquid personal lubricant. Clark stated he answered the ad on Craigslist and spoke to a mother about having sex with her 10-year old daughter. He told the mother what he was going to do sexually to the child. He explained this as finger play, oral, vaginal and anal intercourse.

10. Clark was transported to the Joplin Police Department were a video recorded interview was conducted. Clark was advised his Miranda rights and he signed a waiver of rights form. Clark also signed a “consent to search” form for the cellular device, and the laptop computer found in his vehicle. Clark again admitted to answering the ad and telling the mother what he wanted to do sexually to the child. Clark said he went there to just talk to the mom, but later admitted he went there because he was curious, and the opportunity was there, but he was unsure whether or not he would have gone through with it.

11. Clark admitted to search out incest porn on a regular basis, and that he had a curiosity that scared him because he could not control it. He said he uses the website “Daughter Destruction” and uses the search terms “incest” and “Daddy Daughter” among others. Clark repeatedly said that he was guilty of this and he knows what he did was wrong. Clark advised he needs counseling for his compulsion.

Det. Timothy Williams #223_____

Timothy Williams Task Force Officer

Homeland Security Investigations

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