Date: 08-30-2024

Case Style:

United States of America v. Michael Tracy McFadden

Case Number: 1:12-CR-243

Judge:

Court: United States District Court for the District of Colorado (Denver County)

Plaintiff's Attorney: United States District Attorney’s Office in Denver

Defendant's Attorney:

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Description:

Denver, Colorado sexual assault of a minor criminal defense lawyer represented the Defendant.

Two boys native to Grand Junction, Colorado were abused throughout their childhoods by the defendant, Michael Tracy McFadden. Both boys, known to us as J.W. and K.W., spent much of their youth playing and sleeping over at McFadden's house. McFadden is distantly related to J.W. on J.W.'s mother's side. McFadden and K.W. are unrelated, but McFadden was a close friend of the W. family. McFadden stepped up to help look after the boys because J.W.'s mother was battling addiction and an abusive relationship, while K.W.'s parents generally struggled to make ends meet. McFadden ingratiated himself with the boys and their families through his generosity. He provided necessities (clothing, food, rides to school, doctor appointments) and luxuries (BMX bikes, paintball guns, trampolines, videogames) that the boys' families could not afford.

J.W. lived with McFadden for the better part of six years, from roughly ages six to twelve. When J.W. was about eleven and K.W. was about ten, K.W. began regularly going over to McFadden's house to play with J.W. and J.W.'s siblings. K.W. began spending most weekends there and would frequently stay the night. During these overnights, both boys slept with McFadden in his bed.

Once the boys would fall asleep, McFadden would assault them. When McFadden moved to a different home in Grand Junction, J.W. went with him, and K.W.'s family moved to a neighboring property. K.W. continued to spend significant time playing with J.W. and sleeping over at McFadden's house. The same pattern of abuse continued there. To facilitate his abuse, McFadden routinely gave the boys melatonin in high doses before bedtime.

Though McFadden's Colorado homes were sites of repeated abuse, McFadden also assaulted both boys across state lines. McFadden was a truck driver, so he regularly traveled on interstate highways picking up and delivering loads. He often invited J.W. and K.W. to accompany him on these trips. On one such trip to Arizona, when J.W. was about nine, McFadden assaulted him during the night while J.W. slept next to McFadden on the mattress in the semi-truck's sleeper cab. On another trip from Telluride, CO to Farmington, NM in December 2010, when J.W. was ten, McFadden once again assaulted J.W. while the two slept in the sleeper cab of McFadden's semi-truck. Both times, McFadden penetrated J.W.'s anus while J.W. pretended to sleep. These assaults caused J.W. to feel pressure and a wet sensation in his rear.

In December 2012, McFadden took K.W. and K.W.'s brothers on a semitruck trip from Idaho to Nebraska. At the time, K.W. was eleven, his older brother (S.W.) was eighteen, and his younger brother (L.W.) was nine. S.W. slept across the driver and passenger seats, while K.W., L.W., and McFadden shared the mattress in the sleeper cab behind the front seats. During the night, McFadden pulled down K.W.'s pants and inserted his penis into K.W.'s anus, which K.W. said "hurt a lot." ROA vol. VI, at 183.

Around the time of the Nebraska trip, other children started coming forward with allegations that McFadden had abused them. From these accusations, Detective Edward Prescott with the Grand Junction Police Department obtained a warrant to arrest McFadden, who was still with the W. boys in Nebraska. The local Nebraska police executed the warrant and arrested McFadden on January 3, 2013. The W. boys' mother picked them up at a Nebraska truck stop and drove them back to Colorado. On the ride home, K.W.'s mother asked K.W. if McFadden had ever "done anything" to him, and K.W. said no. Once they returned to Colorado, K.W.'s mother arranged for K.W. to meet with a child counselor. That meeting was the first time K.W. accused McFadden of sexually abusing him. The next day, January 16, 2013, Detective Prescott conducted a forensic interview with K.W., during which K.W. detailed McFadden's history of abusing him. That interview was recorded on video.

The parties disagree about when J.W. first accused McFadden of sexual abuse.[1] McFadden insists that J.W. outcried before K.W. talked to Detective Prescott, the government maintains that it was after. Regardless, J.W. came forward in early 2013 and told Detective Prescott that McFadden had been sexually abusing him for many years.

Years later, in 2018, J.W. and K.W. were interviewed again about McFadden's assaults. The FBI conducted K.W.'s interview during his stint at a juvenile correctional facility. The audio of that interview was recorded.

Outcome: A jury convicted Michael Tracey McFadden of five criminal counts related to McFadden's sexual assault of two minors.

Affirmed

United States v. McFadden, 23-1089 (10th Cir. Aug 30, 2024)

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