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Former Lubbock emergency management official gets 12 years for child porn

Judge James Wes Hendrix said Thursday that a former Lubbock emergency management official's years of service as a firefighter did not outweigh the harm he caused by collecting and curating hundreds of thousands of images and videos of child sexual abuse he stored on a government-owned device.

Hendrix sentenced Justin David Musgraves, 39, to more than 12 years in prison.

Musgraves pleaded guilty in May to a count of possession of child pornography involving a prepubescent minor and faced up to 20 years in prison.

However, the court was provided a sentencing guideline range of between 121 to 151 months in prison as a result of a presentencing report that factored in his criminal history and the nature of his offense.

Hendrix decided on the maximum range of the guideline.

"I don't think a lower sentence would be reasonable," he told Musgraves. "I'm sure you were a fantastic firefighter. But none of that great prior public service erases ... the incredibly serious conduct you engaged in this case. The level of seriousness here is so great ... It cannot outweigh it and affect it in any way."

Musgraves' charge stems from a Texas Department of Public Safety investigation that began when images of child sexual abuse was found on a Shallowater Fire Department tablet that Musgraves was assigned to as the department's deputy chief of training/EMS. The materials involved children between the ages of 2 and 17 years old, according to court documents.

The materials were discovered by a University Medical Center technician installing software on the device. One of the files was a video about eight seconds long depicting a 13-14-year-old girl removing her shirt.

Musgraves, who was hired in August 2020 as the City of Lubbock Deputy Director of Emergency Management, initially denied during an interview with the investigator that he downloaded the materials and said anyone at the fire department could have accessed the device, which was kept for months in his mailbox at the fire station, the documents state.

A Homeland Security Investigations forensic analyst found on the device more than 5,200 images and more than 1,590 videos of child sexual abuse that depicted children between 2 to 17 years old.

Further analysis indicated that videos and images in the tablet were viewed on the two days in September when Musgraves had the device in his office.

Investigators compared those access dates with surveillance footage from an approximately two-month period that showed Musgraves used the tablet to view the images of child sexual abuse while at work at the City of Lubbock Operations Center.

He was also ordered to pay $79,000 in restitution to the victims that have been identified in the materials.

Former Lubbock emergency management official gets 12 years for child porn

During the sentencing hearing prosecutor Callie Woolam asked the court for a sentence at the top of the guideline range.

She cited statements from 11 victims who were identified in the material's Musgraves collected.

She read a portion of one statement she said summed up the trauma the trading of child pornography causes.

The victim wrote that she lives knowing that the images that captured her being defiled are being traded online by people who take "grotesque" pleasure in watching her being "raped in the most sadistic ways."

"They are being entertained by my shame and pain," she wrote.

Woolam said Musgraves' collection included more than 125,000 images of child sexual abuse that was meticulously cataloged in 77 folders one of which was marked for uploading.

The videos in the collection included the rape of a toddler and other children being bound and defiled.

She said it was unclear how Musgraves obtained his collection but it showed a "compulsive dedication" to collecting images of child sexual abuse that had been going on for an extended period of time.

Musgrave's defense attorney, David Guinn, told the court to consider his client's public service record.

He said his client was the type of person who ran into danger to protect people even as a teenager in New Mexico.

He called on Steven Odorizzi, a retired Lubbock firefighter, who testified about Musgraves' service.

He recounted an episode nearly a decade ago during which Musgraves' "extraordinary" decisions and actions saved an East Lubbock neighborhood from a wildfire that developed during a training exercise.

He said he didn't know why Musgraves did what he did but asked the court for mercy on his behalf.

Hendrix told Musgraves, who declined to address the court, that his exemplary public service record and his negligible criminal record didn't outweigh the grave nature of his offense that involved the curation of hundreds of thousands of images and videos of child sexual abuse.

"It indicates to me a deep commitment to this compulsion and complete disregard for the child victim," he said. "They have a life sentence. "