Federal grand jury indicts man whose child sex assault conviction was overturned on technicality

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GRAND JUNCTION, Colo. – A federal grand jury in Grand Junction has returned a five count indictment charging a 47 year old truck driver from Grand Junction, now residing in Colorado Springs, with traveling across state lines to engage in sexual acts with children, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips.  Authorities arrested McFadden at approximately 8:00 a.m. early Tuesday morning.  He was taken to the federal courthouse in Grand Junction where he made his initial appearance this morning before United States Magistrate Judge Gordon P. Gallagher.

According to the indictment returned by the grand jury on May 17, 2019:

  • Between December 25, 2012 and January 3, 2013, McFadden allegedly crossed state lines with the intent to engage in a sexual act with a person who had not yet attained the age of 12 years old. 
  • Between December 25, 2012 and January 3, 2013, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity.
  • Between December 1, 2010 and January 1, 2011, McFadden allegedly crossed state lines with the intent to engage in a different sexual act with another person, who had not attained the age of 12.
  • Between December 1, 2010 and January 1, 2011, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity.
  • Between January 1, 2007, and January 3, 2013, McFadden again allegedly transported a minor across state lines with the intent to engage in sexual activity.

McFadden was originally charged with sexual assault of children in state court, where he was convicted by a Mesa County jury.  His prison sentence was 324 years to life.  He appealed his convictions and ultimately prevailed due to a speedy trial violation, which meant he could not be re-tried in state court.  He now has been indicted by a federal grand jury.

This matter was investigated by the FBI and the Grand Junction Police Department, with the support of the 21st Judicial District Attorney’s Office.  

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