Convicted Lexington rapist pleads guilty to making child porn after group catches him
A Kentucky man previously convicted in Fayette County of raping a child has pleaded guilty to producing child pornography, according to the FBI.
Brian Marchez Byrd on Monday admitted to using a cellphone to make videos of himself molesting a 10-year-old victim, according to the FBI. The Louisville man used a social media account to send those videos to another account.
The charges he pleaded guilty to included producing child pornography, transportation of child pornography and committing a felony against a child by a registered sex offender.
The FBI received two cyber tips on Aug. 10 from the National Center for Missing and Exploited Children, which indicated that a Google user operating under the name “Scooby El Chapo” may have participated in the “hands-on abuse of an underage girl,” according to a criminal complaint written by an FBI agent.
The media was uploaded to a Google account, according to the criminal complaint. Google records indicated that the account belonged to Byrd.
The FBI received three additional cyber tips on Aug. 11 from the National Center for Missing and Exploited Children that pointed to multiple videos of an underage girl being sexually abused. The FBI used tattoos and other visible features on the abuser to determine that it was likely Byrd, according to the criminal complaint.
Federal agents also used publicly visible images on Facebook accounts and Byrd’s photo listed on the state sex offender registry to help identify him in the videos.
When questioned by FBI agents, Byrd waived his Miranda rights and identified himself and the victim in a screenshot from one of the files the FBI had obtained, according to a criminal complaint. Byrd told the FBI he was high on cocaine and wanted to commit suicide.
Byrd was arrested on Aug. 19 while he was meeting with his probation officer, according to court records. He was taken to the Oldham County Detention Center.
A federal judge denied Byrd bail due to “clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community,” according to a detention order signed by U.S. Magistrate Judge Regina S. Edwards.
Byrd was also ordered to cease any attempts to contact the victim after allegedly attempting to call the victim’s mother 184 times in nine days after being arrested, according to court records. Byrd made no objections to the order.
Byrd originally pleaded not guilty on Oct. 1, according to court records. He changed his plea at a hearing on Monday.
Fayette County child rape case first put him in jail
Byrd was a lifetime registered sex offender after pleading guilty in 2012 to rape and sodomy involving a 13-year-old victim, according to the FBI. His case occurred in Fayette County, where he was originally indicted on second-degree rape and sodomy charges, according to court records.
His charges were amended down to third-degree offenses, to which he pleaded guilty, according to court records. Byrd was sentenced to two years in prison, one year for each of the charges, but the sentence was conditionally suspended. He was also given credit for the 246 days he had already served in custody.
Less than a month after he pleaded guilty, Byrd was released from custody on probation, according to court records. He was ordered to register as a sex offender at that time. But Byrd pleaded guilty multiple times to failing to comply with sex offender registration.
Byrd was sentenced in 2013 to serve three years for failure to comply with sex offender registration and for sex offender electronic communications violations, according to court records. He was also ordered to serve the previously-suspended prison time for his initial offense and additional time for his first offense of failing to comply with sex offender registration.
On the new child porn charges, Byrd faces a minimum of 35 years in prison, according to the FBI. His charges could result in a sentence of up to 90 years. Byrd is 33, according to jail records and information from the Kentucky sex offender registry. His sentencing hearing is scheduled for June 7.
This story was originally published March 10, 2021 at 7:28 AM.