Child Porn, Bestiality Charges To Be Dropped Due To Search Error By Feds

Multiple child pornography and bestiality charges filed against a Big Valey couple will soon be dropped due to a procedural error made by a federal investigator during a search of their home.

Peter Lee Bucker, age 40, and his wife, Alyshia Marie Burleigh, age 35, were freed May 5 from the Middle River Regional Jail, where they had been held without bond since their arrests. The charges officially will be dropped on May 28, when the matter will be heard before a Highland District Court Judge.

The couple’s release came after Highland Commonwealth Attorney Megan Yelen said she was forced to dismiss the charges due to the procedural error made by a Department of Homeland Security investigator, who had sought the search warrant from a local magistrate.

State Law requires investigators conducting a search to deliver an affidavit for a search warrant, along with a copy of the search warrant issued by the court. In this case, the federal investigator delivered only the search warrant, making all the evidence seized likely to be suppressed at trial.

Yelen took a minute to explain the state’s dilemma.

“Unfortunately, because this is violation of state code, this is not something we can bring, because what happens when the code is violated the way that it was, is all the evidence is suppressed, meaning it can not come into evidence. So, if a judge hears the case and heard a motion to suppress, all the evidence would be kept out of court, which means all the photos, the images that we collected would not be able to be presented in the case. And that is the crux of our case if we were to go forward. So, we wouldn’t have any evidence to present,” Yelen said.

Burleigh was arrested Jan. 28th during the search of the Big Valley home. DHS was the lead agency, and Highland County deputies were there merely to assist and provide security, according to Sheriff Bob Kelly.

During the search, investigators seized multiple electronic devices, including phones, computers and tablets. Some of those devices contained numerous images of child pornography and acts of bestiality, according to court records.

Burleigh faced 66 counts of possession of child pornography and two counts of bestiality. Bucker, who was arrested weeks later, was charged with 16 counts of possession of child pornography and 41 counts of bestiality.

Yelen and Kelly revealed on May 7th that the initial DHS investigation of the couple began in November 2023, when federal investigators identified a darknet website call XPLAY. The website, they said, advertised access to child sexual abuse material.

At that time, DHS investigators alleged that Bucker had made a payment to the site using a Bitcoin account.

On Oct. 1st, 2024, a DHS agent contacted Highland County Sheriff’s investigators to offer any assistance the agency may need in future cases involving the internet.

In December 2024, the same agent informed sheriff investigators that he intended to seek a search warrant in reference to the alleged XPLAY purchase made by Bucker. The search warrant was obtained from a local magistrate on Jan. 17th of this year.

During the Jan. 28th search of the couple’s home, DHS investigators conducted a “forensic dump” of the devices seized. Although alleged child porn and bestiality images were present, DHS said there was not enough evidence to bring federal charges.

Yelen said due to the nature of the allegations, she moved to file state charges based on evidence seized during the search.

Two weeks ago, Yelen learned that the search had been videotaped. After reviewing the video, she discovered that the search warrant had been served to Burleigh but the affidavit had not been served. Because of the procedural error, she was obligated to contact defense attorneys to notify them that the case would have to be dismissed.

In a written statement released May 7th by Yelen and Kelly, they expressed their frustration.

“Because of one careless and reckless mistake by our federal partner, The Sheriff’s Department and I have been left with no choice or alternative but to drop all the charges filed from the evidence gathered from the search warrant against Mr. Bucker and Mrs. Burleigh” they said in the written statement. They then added “We are all disgusted that this has happened.”

No further charges can be filed against the couple based on the evidence seized during the search, they said.

Bucker still faces a charge of perjury based on testimony he gave during his wife’s bond hearing that he no longer owned the dogs allegedly involved the bestiality charges. He was charged with perjury after deputies discovered the dogs were still at the home.

Kelly noted that all of the electronic devises and the images they allegedly contain will be returned to the couple.

Attempts by phone and email to obtain a statement from DHS officials regarding this story were unsuccessful.

Story By

Michael Folks

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