Marshall Lee Warner III

Man arrested in Internet sex sting

WINCHESTER -- Authorities say a Frederick County man tried to solicit sex from a person he thought was an underaged girl.

Marshall Lee Warner III, 38, of 726 Wardensville Grade, Winchester, is charged in Frederick County Juvenile and Domestic Relations Court with one count each of using a computer to facilitate sexual activity with children and attempted indecent liberties with a minor, according to court records.

Warner appeared in the court Tuesday for a hearing in which his attorney, Roger Inger, sought a reduction in his bond. Warner was being held without bond at Northwestern Regional Adult Detention Center.

Inger argued his client -- a lifelong resident of the area with close family ties and no criminal record -- posed no danger to the community. Failing to grant a bond could jeopardize Warner's job and, subsequently, a substantial amount of severance pay his client expects to receive when his employer closes in the fall, Inger said.

The court could restrict Warner's movement and his use of the Internet, his attorney suggested.

"I think that would adequately protect the community," Inger said.

Assistant Commonwealth's Attorney Dennis McLoughlin argued against granting bond to Warner and said restricting a defendant's access to the Internet doesn't mean they won't try to use a computer anyway.

"The presumption against bond is there for a reason," the prosecutor said, noting that evidence showed Warner traveled to try to meet who he thought was a child.

Judge William Sharp sided with Inger and issued Warner a $10,000 secured bond. The judge ordered, as conditions of his bond, that Warner not leave the state and have no contact with children under the age of 18 except family members.

An affidavit for a search warrant filed Monday in the Frederick County Circuit Court indicates Warner's arrest stemmed from an undercover operation conducted last week. The individual authorities identified as Warner initiated a conversation in a Yahoo! Internet chatroom on July 7 with a person he believed to be a 14-year-old child, the affidavit states. Investigator James Galbreath, of the Frederick County Sheriff's Office, had identified himself to the individual as the 14-year-old child, according to the affidavit.

"The conversation continued on July 8, 2010 and became sexual in nature," the affidavit states.

Warner then proposed that the two meet and perform a sex act, according to Galbreath. Warner agreed to meet the person he thought was a child in the parking lot of the Martin's grocery store in Stephens City, the affidavit states.

Warner arrived at the location Thursday at about 10:35 p.m. and officers took him into custody, according to Galbreath.

"Warner gave a statement to your Affiant [that] confirmed the details of the chat," the affidavit states.

The investigator acted on a search warrant Friday afternoon and seized two computers, a cell phone and assorted CDs and DVDs from Warner's residence.