On Oct. 28, it was reported that a McAlester man who was federally indicted for possessing child pornography in 2022 has decided to plead guilty. The indictment, issued by a federal grand jury in the Eastern District of Oklahoma, charged 34-year-old Nathan Rex Upton with coercion and enticement as well as possession of certain material involving the sexual exploitation of a minor.
According to the federal criminal complaint filed by U.S. Department of Homeland Security agents, they discovered a 5-terabyte hard drive at Upton’s residence, which contained multiple folders named after individuals, including their first names, last names, and ages. These folders contained images and videos depicting child exploitation.
Furthermore, Upton is also accused of paying a person he believed to be a 13-year-old boy for sexual images and videos. In addition, he possessed over 2,000 “comic-book like materials” that depicted explicit acts between juveniles and adults, as well as naked pictures of juveniles.
During the execution of a search warrant in October 2022, authorities found at least one image of child sexual abuse material on an external hard drive at Upton’s residence in McAlester.
Recently filed documents indicate that Upton intends to plead guilty to the charge of possession of certain material involving the sexual exploitation of a minor. It is worth noting that this intent is being expressed without a plea agreement.
In May, defense and prosecution attorneys jointly requested a federal judge to deem the case as complex and requested a six-month extension for Upton’s trial date of June 2023. This motion was made due to the fact that the 5-terabyte hard drive was one of three encrypted hard drives confiscated from Upton’s computer. The defense team required additional time to prepare for trial and thoroughly review the alleged materials possessed by the defendant.
The joint motion stated, “While the United States’ case against Defendant is strong, its investigation is clearly ongoing, and more relevant evidence will be gathered as the case progresses.”
A probable cause affidavit submitted in the case revealed that the investigation into Upton began after the U.S. Department of Homeland Security received information from the U.S. Secret Service regarding the purchase of child sexual abuse material. A financial examination of Upton’s bank accounts uncovered multiple transactions related to the purchase of such material.
Investigators discovered multiple folders containing child pornography on two computer hard drives. The search warrant yielded approximately 2,073 “comic-book like materials” portraying minors engaging in sexual acts with adults.
The affidavit also mentioned the existence of online chats between Upton and an individual he thought was a 13-year-old boy. These chats revealed Upton’s exchange of gift cards for explicit pictures and videos.
A hearing for Upton’s change of plea is scheduled for Nov. 1 at 10 a.m. at the federal courthouse in Muskogee.
