A Payne County jury in Stillwater on Thursday convicted former first assistant district attorney Kevin Etherington on two felony counts tied to child sexual abuse material after a three-day trial. Jurors recommended a total of 20 years in prison, splitting that into 15 years on an aggravated-possession count and five years on a separate possession count. Etherington was taken into custody from the courtroom, and a formal sentencing hearing is set for May 8 at 2 p.m.
Jury verdict and recommended punishment
The Oklahoma State Courts Network docket shows jurors returned guilty verdicts on both counts and recommended 15 years on the aggravated-possession charge and five years on the possession charge, then ordered a presentence investigation ahead of sentencing. The docket also notes that Judge John Canavan presided over the trial and that the court remanded Etherington to the sheriff immediately after the verdict. The official case record is available on the Oklahoma State Courts Network.
Evidence prosecutors presented
Prosecutors told jurors that investigators tracked a Google Drive account to an email address associated with Etherington and found 153 photos and videos showing the sexual abuse of children, including files identifying victims as young as 6 and 7 years old, evidence they argued supported the aggravated-possession count, according to NonDoc. Jurors also heard that Etherington had conducted Google searches in July 2022 about how the company forwards child pornography tips to law enforcement, a detail prosecutors used to argue that he knew about the material in the account. The defense responded that multiple IP addresses had accessed the account and suggested someone else could have uploaded the files.
How investigators connected the account
According to local reporting from the time of Etherington's arrest, Oklahoma State Bureau of Investigation agents executed a search warrant at his Stillwater home in November 2022 after the National Center for Missing and Exploited Children forwarded a series of cybertips tied to one online account. The search warrant affidavit cited IP address information that investigators said matched Etherington's residence and helped them link the account to him. Earlier coverage of the affidavit and arrest details appears from KOCO.
Prosecution and defense reactions
Tulsa County District Attorney Steve Kunzweiler, appointed as special prosecutor on the case, described the possession of child sexual abuse material as a "scourge on our culture" and said Etherington "deserves to serve every day" of the term the jury recommended, according to NonDoc. Etherington's attorney, Michael Johnson, told reporters his client will appeal, characterizing the state's evidence as thin and arguing that appellate courts should take a hard look at the record.
What the law could mean
Under Oklahoma law, aggravated possession of child pornography, which can apply when a defendant is found with 100 or more separate materials, may carry a sentence of up to life in prison, while ordinary possession can be punished by up to 20 years. Legal summaries explain that individual images and videos are counted separately when determining whether aggravated-possession thresholds are met. An overview of the state statute and related penalties is available on FindLaw.
Next steps in the case
The court has ordered a presentence investigation, and sentencing is scheduled for 2 p.m. on May 8, when the judge will decide whether to follow the jury's recommendations. The Oklahoma State Courts Network docket lists Etherington's remand to custody and the post-trial proceedings leading up to sentencing. The defense has said it intends to pursue an appeal, which could keep the case active beyond the sentencing date; the official docket can be accessed through the Oklahoma State Courts Network.
Background
Etherington previously worked as a prosecutor in Payne and Logan counties after joining those offices in 2014 and was terminated from an Oklahoma County prosecutor position in 2013, details that surfaced in prior coverage of his arrest. That 2022 reporting also noted that the investigation began after Google forwarded cybertips to law enforcement about suspected child sexual abuse material tied to the account at issue. For original arrest coverage and earlier case context, see Law&Crime.
