The Mercury News

Retired CHP officer jailed for allegedly violating terms in child porn case

- By Nate Gartrell ngartrell@ bayareanew­sgroup.com

A federal judge here has jailed a retired California Highway Patrol officer after FBI agents secretly trailed him to two stores and collected evidence he violated the pretrial release terms in his child pornograph­y case by possessing a cellphone, court records show.

Timothy Allen Horwath, 52, is in the Sacramento County Jail on a no-bail hold after U.S. Magistrate Judge Deborah Barnes issued a detention order Feb. 28, records show. Horwath was charged in 2019 with possessing more than 350 videos of child pornograph­y, as well as 40,000 pictures.

During the investigat­ion, authoritie­s found evidence Horwath, a Redding resident, was using a high school-age picture of a boy who was friends with one of his children to pretend to be a minor online. Authoritie­s wrote in court papers Horwath “used mobile phone messaging apps to engage in apparent active grooming of potentiall­y minor females in the Philippine­s and Brazil to persuade them to produce nude images,” and that the child pornograph­y files were found after his electronic devices were searched.

The case has dragged on for nearly four years with Horwath out of custody, on the condition that he not access the internet or possess any device capable of internet access. But on Dec. 13, a CHP investigat­or received a tip that Horwath had set up a Snapchat account and owned a cellphone.

On two occasions in January, the FBI and CHP shadowed Horwath as he traveled to a Walmart in Rancho Cordova and appeared to be using a cellphone, according to court records. A week later, investigat­ors followed him to a Target in Folsom, eavesdropp­ing on him talking to an employee about purchasing a SIM card and other cellphone parts and about plans to travel to the

Bay Area, authoritie­s allege.

Horwath's attorney proposed ordering him on house arrest, or requiring him to live with a relative in Santa Rosa, in lieu of jailing Horwath. Barnes sided with prosecutor­s and ordered Horwath jailed pending the outcome of the case, court records show.

State employment records show Horwath was a CHP officer from 2003 until 2019.

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