See the facts below:
A New York City education official is facing child
pornography charges after federal officials say he planned to meet with
an undercover agent he thought was a 14-year-old boy.
David
A. Hay, 39, was arrested December 29 on charges of using a computer to
attempt to persuade, induce, or entice a minor to engage in unlawful
sexual activity and possession of child pornography, according to a news
release from the US Attorney's Office. He faces 10 years to life in
prison if convicted on the enticement charge and up to 10 years if
convicted on the child pornography charge.
At
the time of his arrest, Hay was deputy chief of staff to New York City
Department of Education Chancellor Richard Carranza, according to CNN
affiliate WBAY-TV. He was fired after the arrest, the New York Times
reported.
CNN has reached out to the education
department, but has not heard back. Before joining the New York
education department, Hay had been a teacher and principal at two high
schools in Wisconsin.
Hay made hotel reservations to meet with a young boy
Hay
began messaging Craig M. Hoffer, an undercover investigator with the
Neenah Police Department in Wisconsin, on July 3, 2019, according to a
criminal complaint. Neenah is about 40 miles southwest of Green Bay.
Hay
messaged Hoffer believing he was a 14-year-old boy named Colton, the
complaint states. The two were using a dating app called Grindr.
Hoffer
says the first message he received from Hay read "Into daddies?" Hoffer
then told Hay he was 14 and Hay replied "Yea I'm good w that,"
according to the complaint.
After exchanging messages on Grindr, Hay and the undercover agent switched to text messaging app TextNow, the complaint states.
Hoffer
says they exchanged messages for months, and that he verified that the
phone number he was texting was Hay's and that Hay's pictures in the
Wisconsin Department of Transportation database matched the pictures in
the text and on Grindr.
On December 9, Hay, who
lives in New York, texted that he was visiting Wisconsin at the end of
the month. The undercover officer then asked if the two could stay in a
hotel, to which Hay said yes, the complaint said.
Hay made the reservation, but the complaint says he backed out an encounter citing family issues.
The complain also says Hay said he was "a bit scared" and also referred to their age difference.
The
officer called the hotel the two were supposed to meet at on December
28, and the reservation listed all of Hay's contact information, the
complaint said.
After obtaining a search
warrant, Hoffer looked through Hay's phone where he found the fake
pictures of "Colton" he sent to Hay. The agent also found sexually
explicit photos from 2015 of a boy who did not appear to be 18 years
old, the complaint said.
That individual told the officer he did not send the pictures when he was a minor but might have as an adult.
Hay was a principal at two schools in Wisconsin
Jonathan
Smith, Hay's attorney, told CNN affiliate WBAY-TV the complaint does
not suggest his client ever tried to meet with anyone.
"There's
certainly references to conversations he purportedly had with someone
who was purporting to be someone who was underage, whether that was
reasonable to believe or not is something we'll have to explore," Smith
said.
Hay appeared in federal court in Green Bay
on Friday. He was released to live with his parents on home detention.
Hay will be subject to electronic monitoring, WBAY reported.
Hay's next court appearance is scheduled for January 14.
Before
he served as the deputy chief of staff in New York, Hay was a principal
at two schools in Wisconsin, according to CNN affiliate WFRV-TV.
Kettle
Moraine School District Superintendent Patricia Deklotz told WFRV Hay
was hired as a business and marketing teacher in 2005.
"He
served as a high school principal from 2008 until 2011," she said in a
statement. In 2011, she said Hay didn't have the necessary license to
continue holding his position and it was found that he used a district
credit card for personal purchases.
Hay then
served as the principal of Tomah High School from 2011 to 2014. He
resigned to pursue a doctorate at Harvard, district superintendent Cindy
Zahrte told WFRV.