Thursday, July 16, 2020
David Hay

Former Tomah school administrator arrested for child porn allegation

A New York City education official who worked in the Tomah School District three years is facing child porn charges after being arrested in Dec. 29 at Mitchell International Airport in Milwaukee County.

David Hay, 39, was a principal for the Tomah School District from 2011 to 2014. Prior to that Hay worked for the Kettle Moraine School District from 2005 to 2011 in numerous educational roles, the last being as principal and director of research and development.

Hay left Tomah to study for his doctorate at Harvard University. After Harvard, Hay was hired as special assistant to the chancellor for New York City. He then moved on to become the director of organizational effectiveness and the chief of staff to the chancellor, his position at the time of his arrest. From there he was hired as a deputy in the Department of Education for New York City, where he was working at the time of his arrest. 

Hay's arrest was made following an ongoing undercover investigation by the Neenah Police Department. Hay was arrested for alleged computer use to facilitate a child sex crime, according to authorities.

Under Wisconsin law, the charge Hay was booked on is defined as someone who “uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual.”

Federal jurisdiction comes into play in the the case because Hay’s alleged actions occurred across state lines.

According to a press release from the United States Attorney Eastern District of Wisconsin, an undercover Neenah police officer posing as a 14-year-old named Colton began swapping messages with Hay in July, 2019 over a dating app, prosecutors said.

“Hay began engaging in sexually explicit conversations with ‘Colton’ and making plans to meet up with the minor to engage in sexual activity,” prosecutors said in a press release.

When Hay was arrested authorities searched his phone and found “sexually explicit images” of a former student at Tomah high school, according to a criminal complaint.

Per the release, a criminal complaint alleges that Hay procured a “whirlpool suite” at a Neenah area hotel for the purpose of meeting up with the child for sexual activity.

Hay faces charges of using a computer to attempt to persuade, induce, or entice a minor to engage in unlawful sexual activity. He faces a mandatory minimum sentence of 10 years and up to a lifetime of imprisonment if convicted of the enticement charge, and up to 10 years imprisonment if convicted of the child pornography possession charge.

This case was investigated by the City of Neenah Police Department with the assistance of the Green Bay office of the Federal Bureau of Investigation and the Milwaukee County Sheriff’s Office.

The release states, "A criminal complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt."

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