Columbia Falls Man Sentenced to 40 Years in Child Sex Abuse Case

A 55-year-old Columbia Falls man who admitted to sexually assaulting and photographing a minor who he met on social media when the victim was 11 years old was sentenced Aug. 26 to 40 years in the Montana State Prison with no parole restrictions.

David Elven Kellogg in May pleaded guilty to a felony count of sexual intercourse without consent and a second felony count of sexual abuse of children in Flathead County District Court before Judge Heidi Ulbricht.

Kellogg in 2021 was charged with three additional felonies of aggravated sexual intercourse without consent and two separate criminal possession of dangerous drugs charges. He pleaded not guilty to the charges in 2022; however, he changed his plea at a May 23, 2024 hearing and the charges were dismissed as part of the plea deal.

According to charging documents, the now-adult victim in 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. 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.

Judge Ulbricht sentenced Kellogg to a term of 40 years in the Montana State Prison for each felony count, which will run concurrent with no parole restrictions. The defendant will be given credit for 238 days of actual time served.

“You had previously pled guilty to the two counts of having sexual intercourse without consent and sexual abuse of children where you videotaped the victim in this matter and also had multiple sexual encounters with the victim without his consent, given his age,” Ulbricht said.

“The court finds it disingenuous that you thought that he was 18 years of age,” Judge Ulbricht added. “The court does find with the aggravating factors that there is more than one victim in the case … the length of abuse went on for years.”

As part of Judge Ulbricht’s order, Kellogg received a psychosexual evaluation from Dr. Robert Page, who described the defendant as sexually deviant, which is defined as any sexual behavior that is illegal, non-consensual, or “detrimentally affects the victim.”

Dr. Page said Kellogg showed remorse during the evaluation and recommended he should participate in a sex offender treatment program offered at the Montana State Prison, although he clarified that an intensive, multi-year outpatient program would be more effective.

“He really does want treatment – he does want to change,” Dr. Page told the court.

Dr. Page also acknowledged that aside from treatment, victims more easily cope from their trauma when their perpetrator is held accountable.

“One of the most curative factors we see in terms of helping victims cope with what’s happened to them is to watch their perpetrator receive retribution because it proves to the victim the one thing that’s the most vulnerable in their mind and that is ‘what did I do wrong?’” Dr. Page said.

Columbia Falls Police Department Detective Gary Denham testified that he reviewed most of the evidence in the case, which included more than 17 electronic devices with footage of multiple minors as young as 10 years old engaging in sexual acts. He told the court that he had concerns about Kellogg’s presence in the community and believed he would reoffend.

Deputy Flathead County Attorney Ashley Frechette described the length of abuse, which spanned four years starting when the victim was 11 years old, as having a significant traumatic impact on the victim.

“[The victim] has suffered immense trauma,” Frechette said. “He has an extreme fear of the defendant and retaliation. The defendant stands here today an untreated sex offender and a risk to society.”

Kellogg’s defense attorney Britt Cotter told the court that his client was not aware the victim was a minor and he emphasized his lack of criminal history, describing his client as compliant and remorseful.

Kellogg addressed the court prior to the sentencing, apologizing for his actions as he sobbed.

The defendant was remanded to the custody of the Flathead County Sheriff’s Office.

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