Columbia Falls Man Enters Plea Deal in Child Sex Abuse Case
David Elven Kellogg on May 23 pleaded guilty to felony charges of sexual intercourse without consent and sexual abuse of children for charges filed in 2021
By Maggie Dresser
A 55-year-old Columbia Falls man accused of sexually assaulting and photographing a minor who he met on social media when the victim was 11 years old pleaded guilty Thursday to a felony count of sexual intercourse without consent and a second felony count of sexual abuse of children as part of a plea deal with prosecutors.
David Elven Kellogg was charged with the crimes in Flathead County District Court in 2021, but pleaded not guilty to the charges in 2022; however, he changed his plea at a May 23 hearing before Judge Heidi Ulbricht. In exchange for the guilty plea, prosecutors agreed to dismiss three charges, including a felony count of aggravated sexual intercourse without consent and two separate felonies of criminal possession of dangerous drugs.
According to the plea agreement, prosecutors will recommend a net sentence of 40 years in the Montana State Prison with a 25-year parole restriction; the three additional criminal counts would be dismissed at the sentencing hearing. Judge Ulbricht also ordered Kellogg to receive a psychosexual evaluation.
His sentencing hearing is scheduled for Aug. 12 at 9 a.m.
Kellogg and his defense attorney, Kenneth Cotter, appeared at the May 23 hearing via Zoom.
After Kellogg’s arrest in January 2022, he posted a $300,000 bond several months later and was released from the Flathead County Detention Center the following August.
According to charging documents, the now teenaged victim on Sept. 29, 2021, reported a sexual assault that had occurred two weeks prior. While at Kellogg’s home in Columbia Falls, the victim reported being held down and raped by Kellogg despite yelling for him to stop.
The victim also told authorities they had an ongoing sexual relationship for the last four to five years after meeting on social media when the minor was 11 years old, records state. Kellogg gave the victim money, drugs, cell phones and other gifts in exchange for sexual acts, records state. Authorities found sexually explicit messages and photos that Kellogg sent to the minor, who said Kellogg had been documenting and filming their encounters since the relationship began.
During the execution of a search warrant, law enforcement seized 14 cell phones, three computers, a video recorder and several other devices with multiple sexually explicit videos, which appeared to have been filmed at Kellogg’s home. Footage revealed numerous videos, including with the victim, and other children “who appeared approximately 10 years old engaged in sexual conduct,” according to court records.
Law enforcement also found cocaine and three grams of psilocybin mushrooms.
According to court documents filed in 2022, Kellogg’s previous attorney was granted a pre-trial deadline extension due to a “voluminous and ongoing” discovery of evidence being reviewed by the FBI.