A Kewanee man was found guilty of possession of child pornography after a bench trial with Judge Terry Patton on February 11, 2025. Matthew Derr is facing three to seven years in the Illinois Department of Corrections (IDOC). However, probation is possible, and the fine is $1,000 to $10,000. Derr rejected an offer from the state for a cap of three years in the IDOC and a $1,000 fine. Detective Trey Kazubowski was called to testify as the state’s first witness. Detective Kazubowski testified that in February 2024, the Kewanee Police Department received a message from the Illinois Crimes Against Children (ICAC) for possession of child pornography. The phone number and cellular provider provided by ICAC led to Matthew Derr.
The Kewanee Police were able to intercept Derr as he was driving into Kewanee and take him into custody without incident in May 2024. Derr was transported to the Kewanee Police Department, where he was interviewed by Detective Kazubowski and Sergeant James Mock. Detective Kazubowski testified that Derr told them that the video was a one-time video that he saved to his cell phone. At the time of his interview, no child pornography was found on his phone or his Reddit account. Derr signed into his Reddit account for officers, and even though he was banned from Reddit for “viewing explicit material,” no pornography was found on his Reddit account. Derr described the video to police as an “adult male [expletive]ing an underage female.” Mr. Derr did not testify in his defense.
State’s Attorney Runty said this case is very straightforward in regard to child pornography. “The video clearly depicts a child, even without seeing the face. This was a child having sex.” Defense Attorney Camp argued that the state hasn’t shown who had possession of the video between February and May. “The video is tied to Derr,” but there is no evidence that Derr possessed the video. The defense argued that the video doesn’t prove that the female in the video was a child and not a “small” adult female. State’s Attorney Runty countered that Mr. Derr admitted to Detective Kazubowski that this was a one-time download.
Judge Terry Patton said that the state must prove that this was child pornography, that the defendant knew this was child pornography, and that the video was in Derr’s possession. Judge Patton said that Derr admitted to police that he possessed the video and described the female in the video as “a little girl.” The state does not need to prove the age of the subject. Judge Patton said, “There is no question in the court’s mind that this is a child.” Judge Patton said there was no hesitation in the court’s mind that she was a child based on his experience in the judicial system and the size disparity between the male and female subjects. Judge Patton found Matthew Derr guilty of a single count of Possession of Child Pornography. A sentencing hearing is scheduled for April 3, 2025, at 9 AM.
A Pre-Sentencing Investigation and Sex Offender Evaluation were ordered. Matthew Derr is charged with Possession of Child Pornography (Class 2 Felony).