A Tri-Cities pornographer abused kids on video. He may have to pay $1M for their therapy

A nuclear engineer who made sexually explicit videos with three Tri-Cities kids is being asked to pay nearly $1 million to cover counseling, medical bills and other expenses for two of his victims.

Dale G. Black, 63, is locked up on a 30-year sentence for the sexual abuse and child pornography crimes that came to light three years ago.

The Kennewick man already has paid almost $325,000 in court fines and restitution to the first victim.

That money includes the sale of his 2015 Subaru Legacy for $15,300 and a $185,900 cashier’s check from Black for the sale proceeds of his Ridgeline at Canyon Lakes house to prevent the seizure of his new home. Both the car and the Kennewick home were used in the child porn production.

While federal prosecutors await a hearing next month on the remaining amount, their boss U.S. Attorney William D. Hyslop moved forward Monday with giving $155,000 to the local investigative agencies as part of an asset-sharing program.

Hyslop, who represents the Eastern District of Washington, recognized the work of Kennewick and Richland police, the Southeast Regional Internet Crimes Against Children Task Force and the FBI.

Assistant U.S. Attorneys Brian M. Donovan and Alison L. Gregoire prosecuted the case for Hyslop’s office.

Child pornography conviction

Black was indicted in U.S. District in June 2018 and pleaded guilty six months later to three counts of production of child pornography.

He also pleaded guilty last fall in Benton County Superior Court to first-degree child rape and first- and third-degree child molestation. He was sentenced to 26 1/2 years, which will be served along with the federal sentence.

At sentencing last July in Richland’s federal court, Senior Judge Ed Shea ordered Black to pay $305,000 in penalties — $5,000 of which was under the Justice For Victims of Trafficking Act — and $19,150 to the first local victim.

Prosecutors said more time was needed so family and medical providers for the two other victims could submit reports estimating the cost of coping with the aftermath of the trauma.

They have since submitted documents requesting $137,700 for the second victim and $727,600 for the third.

Defense attorney Scott Johnson says he has been unsuccessful in resolving the issue through negotiations with prosecutors and wants to move forward with a contested hearing.

Black — who is in the federal prison in Sheridan, Ore. — has waived his right to be at the March 18 hearing. His release date is January 2044.

Youth mentoring

Black met the children in his neighborhood and through his work at that time with Ignite Youth Mentoring, a faith-based nonprofit that provided mentoring relationships for at-risk youths.

He produced the child pornography both at his West 30th Avenue house and on overnight trips that he took alone with the children to Oregon. Those trips are why he was forced to forfeit his Subaru as part of the case.

In July 2017, undercover agents with the FBI downloaded a partial video that was traced through the internet address to his house.

That video showed one preteen boy through several years of his life engaged in various sex acts, including with different girls, according to court documents.

Unbeknownst to federal investigators at the time, Black already had been arrested and charged in Benton County Superior Court with the child rape and molestations.

Agents soon discovered that case and served a search warrant at Black’s home the following month. They seized electronic devices like computers, memory cards, a hard drive and a phone, documents said.

A forensic examiner with the Internet Crimes Against Children Task Force (ICAC) uncovered 664 child pornography images and seven videos.

Some were known child porn images that have been on the web for years, and others were of the three local kids who were photographed and videotaped personally by Black.

Money to combat crime

On Tuesday, Hyslop handed a large, cardboard check to Richland Police Chief John Bruce for $96,668 and another one to Kennewick Police Chief Ken Hohenberg for $58,000.

Hyslop said an 80-percent share of the forfeiture proceeds from the sale of Black’s car and his forfeited cash was going to the two agencies — as members of the regional task force — because of their significant contributions to the investigation and prosecution of Black.

Both chiefs said they will use the money to combat crime.

“Sexual predation and exploitation of children are heinous crimes,” said Hyslop. “That Dale Black preyed on vulnerable children through his participation in a youth mentorship program make his crimes even more egregious.”

“The children in our community are safer now that Black has been convicted of three serious felony child pornography offenses and removed from society and the ability to hurt others,” he added. “The sentence imposed in this case, and the forfeiture of Black’s assets, serves as a stern warning to offenders that you will be held accountable for your actions.”

Mandatory restitution for victims

Restitution is mandatory under federal law to compensate the victims of sexual abuse and exploitation for “the full amount of their losses.”

That includes the care required to address the long-term effects of their abuse — medical (physical, psychiatric or psychological), therapy and rehabilitation — transportation, temporary housing, child-care expenses, lost income and attorney fees.

“Pain and suffering are not recoverable. (Financial) losses that can be quantified are recoverable,” prosecutors wrote in their restitution document.

The second victim was in grade school at the time of the abuse. Their licensed mental health counselor says both the child and caregivers are in mental health counseling, and counseling and psychiatric services may be a lifelong necessity for the child.

The third victim, a pre-teen, suffers from acute stress disorder with attachment distress and needs therapy and lifelong counseling, their therapist wrote the court.

That therapist is requesting $2.8 million, but prosecutors say they believe not all of the money sought should be awarded.

They say that, dependent on the therapist’s testimony at next month’s hearing, no more than the $727,600 should be awarded because some regular coverage costs and medical expenses are incurred by all people.

Black’s ability to pay restitution is immaterial to Judge Shea’s determination of the amount owed to the victims, prosecutors say.

Aside from the amount, the only other question before the judge is whether Black has to pay immediately in a lump sum or installments over time.

Prosecutors say they are eager to wrap up the issue and have a final, enforceable restitution judgment in case Black dies.

The victims then would be protected because a restitution judgment remains after a defendant dies and the estate is held responsible for any unpaid balance.

This story was originally published February 18, 2020 at 2:42 PM.