On December 12, 2005, a ten year old female minor in Vinton, Virginia, Jane Doe #1, was in an America Online (hereinafter AOL) chat room, "Kid2Kid" chatting for approximately 30-45 minutes with Soccerbabe2u143" who claimed to be a 10 year old female named "Kimberly". Jane Doe#1 received permission from her grandmother to give out their phone number. Approximately five minutes later, an adult male claiming to be the father of Kimberly called Jane Doe #1 on the telephone. The adult male engaged the child in an inappropriate sexual conversation. Shortly thereafter, Jane Doe # 1 reported the incident to her grandmother, who promptly called the Vinton Police Department, a member of the Southern Virginia Internet Crimes Against Children Task Force ( hereinafter SOVA ICAC). A subsequent investigation revealed that the defendant, TIMOTHY ANDREW FUGIT, called Jane Doe #1.

On January 17, 2006, investigators with the SOVA ICAC Taskforce from the Vinton Police Department, Norfolk Police Department, Naval Criminal Investigative Services and the Bedford County Sheriff’s Office obtained and executed a state search warrant on the defendant’s two places of abode in Newport News, Virginia. During the execution of the search warrant, the defendant agreed to speak with Sergeant Rodney Thompson of SOVA ICAC after being advised that he was not under arrest and could have an attorney present. Sergeant Thompson asked the defendant if he knew why he was there and the defendant responded "Because I have attempted to contact children on the computer and telephone". He also admitted that he used AOL and that his AOL account had been previously bumped several times for inappropriate chat/contact with minors. When the defendant’s wife arrived at the home during the search, the defendant told his wife that "the police were there because he had a problem and he was a pedophile". The computers and other electronic storage media devices were seized during the search.

A forensic computer exam was conducted by the United States Secret Service. The Exam revealed that the defendant had numerous images of child pornography on his computer and was distributing child pornography to others.

Fugit faces a minimum mandatory term of imprisonment of 25 years and a maximum sentence of life in the Bureau of Prisons.

The investigation was conducted by the Southern Virginia Internet Crimes Against Children Task Force and the Federal Bureau of Investigation. Assistant United States Attorney Lisa R. McKeel prosecuted this case on behalf of the United States.