NC child porn suspect freed after alleged ‘preferential treatment’ given higher bond
An 18-year-old accused of seeking and distributing porn of children as young as four was given “preferential treatment” when he was released to his mother after two hours in jail with no bond due, a Mecklenburg County prosecutor argued Friday.
New details about the investigation into Brett Kimbrell’s 10 counts of felony second-degree sexual exploitation of a minor were revealed during a fiery hearing to change his original nonexistent bond Friday afternoon. Afterward, he was taken to jail in handcuffs with a $75,000 secured bond and ordered to stay away from schools, parks, playgrounds and anyone younger than 18.
Kimbrell turned 19 the day before his hearing.
The Lake Norman teen, according to Cornelius Police Department arrest warrants, sent 10 videos of girls as young as 4 being raped or forced to perform sexual acts. According to police, the videos collectively showed 11 children.
Kimbrell, after receiving a video of a child being raped on the messaging app Kik, allegedly replied: “Damn, I hate the ones with no sound,” Assistant Mecklenburg District Attorney Caroline Massagee said in the Mecklenburg County Courthouse Friday while reading from police reports.
Police said the user who sent that video asked Kimbrell if he had any videos of “kid rape” or “young anal,” Massagee told Superior Court Judge Karen Eady-Williams.
“I might,” Kimbrell reportedly replied in a text message. “Send more, get more.”
According to Mecklenburg County Jail logs, Kimbrell was jailed at 11:36 a.m. following his Jan. 10 arrest and released at 1:31 p.m. the same day.
“The defendant was given, for whatever reason, preferential treatment to go home to mommy and daddy instead of being held on a bond and returning to court as an adult,” Massagee told the judge, asking for a $250,000 bond.
Massagee said it was “wholly inappropriate” for Mecklenburg Magistrate Leigh Peters to release Kimbrell back into his mother’s custody without having to pay any bond. His quick release — something the Charlotte-Mecklenburg Fraternal Order of Police previously said is “too often seen in Mecklenburg County” — left law enforcement outraged and generated criticism on social media last month.
Cornelius police called the magistrate’s decision “troubling and concerning,” in a post on Facebook.
“I do have concerns about how we got here,” Eady-Williams said in court. “This is rare.”
Earlier Friday, the judge said, she presided over a case with a defendant with no prior record who had been similarly charged with a Class E child porn felony. That defendant faced only one count — compared to Kimbrell’s 10 counts — and had been in jail under a bond for 200 days.
Only after pleading guilty was that defendant released, Eady-Williams said.
Lake Norman sex crime arrest
Kimbrell’s lawyer, Jason St. Aubin, argued the teen was not a threat to the community, referencing a sexologist’s evaluation that he showed “minimal to low risk” of child molestation or sexual assault.
He asked that Kimbrell be allowed to remain outside of jail, where he could start outpatient treatment. He also argued that the state’s motion for a $250,000 bond was unrealistic and cited cases where defendants who had made actual contact with children faced bonds of $40,000 to $75,000.
St. Aubin also referenced several letters family members (seven of whom were in court Friday), friends and coaches wrote the court testifying that Kimbrell was a positive role model for his peers.
Massagee, the prosecutor, argued the evidence presented directly contradicted that conclusion.
“I’m sure they haven’t heard this before,” she said, holding up a copy of Kimbrell’s text message conversations where he allegedly exchanged the videos.
As handcuffs clasped around Kimbrell’s wrists, St. Aubin continued to argue for a lower bond. Eady-Williams said the $75,000 bond she settled on was on the low end.
“I’ve entered my ruling. I don’t know why you’re still talking,” she replied. “At this point, you’re being disrespectful.”
St. Aubin declined to comment after the hearing.
Kimbrell, according to jail records, was booked in Mecklenburg County Detention Center at 4:28 p.m. Friday and released after posting bond at 2:59 a.m. Saturday.
Reporting child sexploitation
United States law defines child pornography as “any visual depiction of sexually explicit conduct involving a minor (a person less than 18 years old).” The National Center for Missing and Exploited Children refers to these images as “child sexual abuse material” to “most accurately reflect what is depicted — the sexual abuse and exploitation of children,” according to the organization’s website.
The center has an exploitation CyberTipline at www.cybertipline.org.
This story was originally published February 10, 2025 at 5:00 AM.
