A man convicted last year of sexual exploitation of a minor is alleged to have committed new offenses in Idaho and federal charges are being screened.
During a hearing on a warrant Tuesday in 1st District Court, Cache County prosecutor Dane Murray said Daniel Gary Archibald, 44, had allegedly attempted to meet up with an FBI agent posing as a 13-year-old.
Documents filed with the court state Archibald was living in Rexburg, Idaho, and violated his probation by purchasing a smartphone and having “sexually oriented” conversations with someone he met online. Archibald is alleged to have accessed pornography by way of the smartphone and a laptop, the document states, and around 50 gigabytes of child sexual abuse material was found on confiscated devices.
During the hearing, Adult Probation and Parole Supervisor Kirk Lambert told the court that due to the interstate compact and the potential new offenses, Archibald must remain in Utah.
“He simply can’t be in Idaho,” Lambert said. “He has to stay in our state.”
Archibald pleaded guilty in December 2019 to five counts of second-degree sexual exploitation of a minor for possessing multiple images and videos of child sexual abuse material. He also pleaded guilty to one count of class-A distribution of an intimate image for sharing a sensitive image of a woman as an act of revenge, according to prosecutors.
Judge Thomas Willmore suspended consecutive and concurrent prison sentences of 1-15 years in the Utah State Prison, and Archibald was ordered to serve 364 days in the Cache County Jail in addition to four years of probation.
At the time of sentencing, he was not taken into custody to serve his jail sentence due to an ongoing medical issue requiring a wound vacuum. Willmore ordered Archibald to report to the jail in one month or as soon as he was cleared by a doctor.
Six months later, he has yet to be medically cleared and has not served his sentence in Cache Valley.
“He still has to serve that at some point,” Murray told The Herald Journal. Though with a possible federal indictment down the pike, Murray said that may be the least of his worries.
Murray said that jails in Utah and Idaho won’t take Archibald into custody as a result of the medical condition. Murray said Archibald has a form of necrotizing fasciitis that is both costly for jails to manage and threatening to other inmates.
Defense counsel told the court during Tuesday’s hearing that Archibald could lose a limb if the “long-term, opportunistic infection” isn’t handled correctly. Murray asked the court to order Archibald not to possess any electronic devices and not to leave the State of Utah. Willmore ordered Archibald to be placed on an ankle monitor and not to leave the state, but did allow him to have access to a “flip phone.” A warrant issued for Archibald’s arrest was recalled.
Archibald is slated to appear before the court for a status conference on Oct. 27.