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Man reaches plea deal in heinous rape case

| June 5, 2024 7:05 AM

By CHRIS PETERSON

Hungry Horse News

A Columbia Falls man earlier this spring reached a plea deal with prosecutors in a rape case involving children.

David Elven Kellogg, 55, on May 23 agreed to plead guilty to a felony charge of sexual intercourse without consent and felony sexual abuse of children.

Under the plea agreement negotiated by the Flathead County Attorney’s Office, the state may argue for a net sentence of 40 years in prison with a 25-year parole restriction.

Under the plea deal a charge of aggravated sexual intercourse without consent and two counts of criminal possession of dangerous drugs were dropped.

The case goes back years.

Court documents filed Dec. 29, 2021 allege that Kellogg’s sexual abuse of children dates back four or five years. The rapes would reportedly take place at his home and he would often record the sexual assaults on video.

According to court documents, one victim alleged Kellogg had sexually abused her since the age of 11. She said they met over social media, and that Kellogg would provide money, drugs and other gifts in exchange for sex.

Court documents state that the victim showed investigating officers sexually explicit messages and photos on her cellphone allegedly sent by Kellogg. She detailed one alleged incident in September 2021 where she was brutally raped at Kellogg’s home, at which time she decided to call law enforcement.

The victim also told officers that Kellogg would record the assaults on video.

According to court documents, a search of Kellogg’s home allegedly led to the discovery of numerous videos of Kellogg sexually assaulting the victim and other young children at what appeared to be his home.

Officers seized 14 cellphones, three computers, one tablet, nine storage cards, a digital camera and a video recorder from Kellogg’s home on Dec. 13, 2021, after police executed a search warrant on his home.

Kellogg’s defense attorney Britt Cotter argued the search warrant was done improperly, but last year Flathead County District Court Judge Heidi Ulbricht upheld the warrant in a September, 2023 ruling.

Kellogg will undergo a psychosexual evaluation prior to sentencing in August.