Editor's note: This story has been updated.
Dayton Jones has registered as a sex offender, according to the Kentucky State Police sex offender registry website.
The U.S. Attorney Western District of Kentucky’s office confirmed to the New Era that Jones was ordered Thursday by Magistrate Judge Lanny King to be detained. He is currently in custody of the Federal Bureau of Prisons.
On April 7, The U.S. Attorney's Western District of Kentucky Office announced that Jones was charged federally for child pornography, stemming from the 2014 Christian County case. In 2016, Jones pleaded guilty to first-degree sodomy, first-degree wanton endangerment and first-degree distribution of matter portraying a sexual performance by a minor.
In late December, former Gov. Matt Bevin commuted Jones' sentence. However, Jones' attorney recently argued in a civil case that Bevin intended Jones be pardoned and therefore he should not need to register.
The federal charge, if convicted, could come with a minimum of 15 years in federal prison. U.S. Attorney Russell M. Coleman said Tuesday in a social media video that there is no parole for a federal sentence if Jones is convicted.
Robert Brown, FBI special agent in charge of the case, said the FBI has had over 30 agents working with the U.S. Attorney’s office and local law enforcement to bring charges to Jones.
According to an FBI agent’s affidavit for the federal criminal complaint against Jones, on Oct. 11, 2014, a group of high school and college students — virtually all of whom were under the age of 21 — consumed significant amounts of alcohol at a friend’s apartment.
“A 15-year-old boy (referred to as John Doe), passed out from alcohol intoxication,” the FBI agent said. “When John Doe passed out, several other males took turns anally raping him with a 12-inch sex toy.”
The agent goes on to say that Jones participated in the sexual assault.
“Jones also made an audio/video recording of the sex toy interred in John Doe’s rectum,” the agent said. “Jones can be heard talking during the video.”
The agent added that Jones distributed the video to others via the social media app Snapchat. An individual who viewed the video on a friend’s phone recorded it on his/her phone and shared the video with law enforcement.
The agent said authorities used a forensic tool called Cellebrite to collect the information from the person’s phone who shared the video with authorities.
The affidavit goes on to say that Jones pleaded guilty in Christian Circuit Court in 2016 and that he “acknowledged the evidence against him as well as potential defenses to the charges.”
“He stated that no one had forced him to change his plea from not guilty to guilty,” the agent said. “And, Jones advised the circuit court that he was satisfied with the advice and counsel provided to him by his lawyer.”
On Nov. 28, 2017, Jones then-attorney Michael Goodwin filed a motion seeking relief from his sentence on the grounds that his counsel was ineffective and that his plea was not voluntary. Goodwin withdrew from Jones’s case in May 2018.
The motion for relief was not approved.
Prior to entering his guilty plea in 2016, Jones signed a written plea that stated:
“While present at a party in Christian County, Kentucky, he committed the offense of deviant sexual intercourse with a 15-year-old victim by inserting a large sex toy in his rectum. The victim was incapacitated at the time of the assault. In addition, the defendant took a video of the victim and posted it to social media.”