WINCHESTER — An arrest warrant has been issued for a child pornography suspect who failed to appear for a scheduled hearing Tuesday morning in Frederick County Circuit Court.
Andres Alexis Montoya Felix, who celebrated his 24th birthday on Monday, is charged with possessing child pornography and a second or subsequent offense of possessing child pornography. In Virginia, a first offense of possession is a Class 6 felony punishable by up to five years in prison and a $2,500 fine, while a second or subsequent offense is a Class 5 felony that carries a maximum prison term of 10 years and a $2,500 fine.
Montoya Felix can now add another charge to that list. Judge William Warner Eldridge IV issued a misdemeanor count of failure to appear on Tuesday, a crime that could put the defendant in jail for up to a year and cost him a $2,500 fine.
According to court records, two sexually explicit pictures of children were found on a cellphone seized Jan. 5 during a police search of Montoya Felix’s home in the 100 block of Hites Court near Winchester.
Montoya Felix had been scheduled to enter a plea to the two possession charges on Tuesday. However, when Frederick County Sheriff’s Office deputies called his name inside and outside the courtroom at the Winchester-Frederick County Joint Judicial Center, no one came forward.
After Montoya Felix’s defense attorney said he could not explain his client’s absence, Eldridge issued a capias for the defendant’s arrest.
Once Montoya Felix is in custody, Eldridge said he will hold a bond hearing to give the defendant an opportunity to explain why he did not appear in court. Officials will then decide how to proceed with the child pornography charges filed against the suspect.