A Westmoreland County judge on Monday dismissed hundreds of child pornography charges against a Hempfield man identified in a sting operation by an online Texas-based civilian vigilante group.
The continued prosecution of Thomas James Hibbard, 62, had been in question since late December when Judge Tim Krieger ruled evidence collected by the state police was inadmissible, saying the case was the product of an investigation originally launched by an anti-pornography group called Predator Poachers.
According to court records, the group publishes online videos of its investigations. In February 2023, an adult member created a fake social media profile for a 9-year-old girl and conducted a series of cellphone conversations with Hibbard in which he was asked to exchange pornographic photographs with someone he believed to be a juvenile.
Police said group members initially attempted to confront Hibbard at his home. They later met with state police investigators to disclose their findings.
Police initially filed two criminal cases against Hibbard, the first alleging unlawful contact with a minor. Investigators said Hibbard confessed to possession of child pornography after his initial arrest.
A district judge in 2023 dismissed the initial case against Hibbard, but a second set of charges, more than 900 counts of child pornography, were filed after police searched Hibbard’s home and found hundreds of images and pictures. Prosecutors consolidated those charges last year to 270 felony counts of child pornography and one misdemeanor charge of possession of a controlled substance.
Hibbard’s defense lawyer successfully argued his confession was improperly obtained and the subsequent search of his home was improper.
Assistant Public Defender Patrice DiPietro said circumstances that led to the launching of the police investigation was problematic.
“These groups, like Predator Poachers, are acting as if they are law enforcement, and they’re not. They’re doing this for the clicks, for the ‘likes’ and to sell merchandise,” DiPietro said.
In his ruling, Krieger conceded it is legal for police to pose as a juvenile as part of an investigation but improper for a civilian to do the same under existing state law.
“Sexual communications with an adult pretending to be a child are simply not criminal unless the adult is a member of law enforcement acting in the performance of their duties,” Krieger wrote.
His ruling gutted the prosecution’s case against Hibbard, which was dismissed following a brief court hearing Monday.
Hibbard’s computer, seized by police during the investigation, is to be destroyed, the judge said. Prosecutors objected to an effort by Hibbard to expunge the record of his arrest.
Melanie Jones, spokeswoman for Westmoreland County District Attorney Nicole Ziccarelli, said the judge’s ruling left prosecutors unable to move forward with the case.
“The district attorney’s office continues to discourage civilians and vigilante groups from conducting their own investigations because it does not conform to the statute and will not be upheld in a court of law. We encourage anyone with information about possible child sexual abuse to report their suspicions to their local law enforcement agencies,” Jones said in an emailed statement.
