KENOSHA, Wis. — Prosecutors have added 20 felony child-pornography charges against Dale Robert Nixon, 43, of Kenosha, after police say a forensic examination of his cellphone uncovered more than 400 files of child pornography, also known as child sexual abuse material, or CSAM. The material described in the amended criminal complaint includes some of the most horrific forms of CSAM imaginable, allegedly depicting the sexual abuse of infants, toddlers and other prepubescent children.

Paid Advertisement

Nixon, a longtime Daybreak Church elder and youth pastor, was already facing extraordinarily serious allegations that he sexually assaulted his adopted daughter beginning when she was approximately 10 years old and continuing for about five years. The girl estimated the assaults occurred at least weekly, totaling approximately 260 incidents, and Detective Brittni Bray wrote that the actual number was likely higher because the alleged assaults sometimes occurred four or five times in a single week.

Paid Advertisement

The amended complaint, filed September 2, reveals what police say they discovered after gaining access to Nixon’s cellphone. According to Bray, Officer Shesky completed a forensic download of the device, and Bray began reviewing its contents on August 31. She reported finding more than 400 files of Child Sexual Abuse Material. Prosecutors subsequently charged Nixon with 20 separate counts of possession of child pornography based upon 20 of the alleged files.

Paid Advertisement

Infants And Prepubescent Children

The descriptions contained in the amended complaint are exceptionally disturbing and appear to represent some of the most severe forms of child pornography and CSAM investigators encounter.

Paid Advertisement

Among the 20 files detailed by police are alleged images involving infants, toddlers and prepubescent children. Some allegedly depict adults sexually abusing extremely young children, including infants. Others allegedly depict sexual penetration and other sexual acts involving prepubescent children. KCE will not reproduce the graphic descriptions contained in the criminal complaint.

Paid Advertisement

The significance of the terminology is worth making clear. “CSAM” stands for Child Sexual Abuse Material and is increasingly used to emphasize that these images are records of actual child sexual exploitation and abuse. The criminal charges filed against Nixon, however, are formally titled Possession of Child Pornography under Wisconsin law. Court records now list 20 such felony charges.

Paid Advertisement

Each of the 20 new child-pornography charges is a Class D felony carrying a maximum possible penalty of 25 years in prison and a $100,000 fine. The amended complaint also invokes a Wisconsin statute requiring at least three years of initial confinement upon conviction of the child-pornography offenses.

Paid Advertisement

Nixon now faces 24 felony charges: child enticement, causing mental harm to a child, incest, repeated sexual assault of a child and 20 counts of possession of child pornography. The repeated-sexual-assault charge alone carries up to 60 years in prison and, as charged, invokes a 25-year mandatory minimum period of initial confinement.

Paid Advertisement

Nixon is presumed innocent unless and until proven guilty.

Pastor Tried To Distance Church From Youth Pastor

The explosive new allegations come as questions continue to surround Nixon’s longtime involvement with Daybreak Church and the public response of Daybreak Church Pastor Wesley “Brit” Windel, 42.

After KCE’s original reporting identified Nixon as a youth pastor, Wesley objected to that characterization and attempted to portray Nixon’s involvement with Daybreak’s youth as substantially more limited. Wesley characterized Nixon as a “background checked youth volunteer/co-leader” and said his primary youth responsibility amounted to approximately 40 minutes one Sunday each month in a large-group setting.

But Wesley’s own words, Nixon’s own words and Daybreak’s own material paint a considerably broader picture.

In a previously recorded Daybreak service located by KCE, Wesley affectionately introduced Nixon as his “good bearded brother from another mother,” prayed over him and then turned the Sunday service over to Nixon to preach. Nixon told the congregation that he and his wife had hosted middle-school children at their home the night before for games, food and Bible study. Wesley later disclosed that he, Nixon and another church leader had worked together planning an upcoming sermon series.

During Daybreak’s August 30 service addressing Nixon’s arrest, Wesley’s description of their relationship went considerably further. He told his congregation, “Dale is one of my closest friends,” and said their families had known and loved one another for nearly a decade. Stacie Windel described Nixon as a “close friend and ministry partner.” Wesley also acknowledged that Nixon had preached before the congregation, led gatherings and served the church.

Nixon was also a longtime elder. Wesley disclosed that Nixon remained an active member of Daybreak’s eldership immediately before his arrest and was participating in church leadership discussions on the same morning Wesley learned what was happening.

The contrast remains striking: 40 minutes once a month versus a five-year elder, youth pastor, preacher, ministry partner, one of the pastor’s closest friends and a man entrusted with Daybreak’s middle-school children.

Wesley Still Won’t Answer KCE’s Questions

Wesley previously criticized KCE’s reporting and said he “would have welcomed a conversation” to provide accurate information. KCE subsequently gave him precisely that opportunity, sending another detailed email containing questions about Nixon’s actual role, his interactions with children, the church’s response and other issues raised by the case.

Wesley did not answer those questions and still has not contacted KCE.

Instead, during Sunday’s livestreamed service, Wesley devoted considerable time to the scrutiny surrounding Daybreak. His wife said Wesley had been “defamed and slandered on social media.” Wesley praised people who came to the church’s defense and referred to surrounding criticism as “stupidity and evil” before saying, “They can write whatever news they want to write. You know what’s good. You know what’s true.”

Later, Wesley looked toward the camera and declared that “to attack the church of Christ that is faithfully doing what it is called to do, is attacking Jesus himself.” He then addressed criticism that he had a responsibility to the broader community, telling his congregation, “I don’t owe anyone outside of these walls anything. I don’t.”

During that same service, however, Wesley acknowledged the concern surrounding Nixon’s involvement with young people at Daybreak. Detective Bray, the lead investigator, asked to meet with Daybreak’s middle- and high-school families following the service. Wesley told parents, “We know that his involvement with our student ministry is concerning, as it should be.” Daybreak facilitated the meeting, and Bray planned to provide parents with guidance about speaking with their children.

$500,000 Cash Bail Continues

Nixon appeared in court Thursday morning in custody with defense attorney Terry William Rose. The amended complaint had been filed the previous day, and Rose requested additional time to review it. Prosecutor Douglas Craig Haney did not object. Nixon waived the time limit for his preliminary hearing, and Court Commissioner Daniel E. Kellum continued Nixon’s $500,000 cash bail. His preliminary hearing is now scheduled for September 18 at 8:30 a.m.

The discovery alleged by police substantially expands an already horrific criminal case. Investigators are no longer dealing solely with one girl’s allegations that Nixon sexually assaulted her hundreds of times over approximately five years. Police now allege Nixon’s own cellphone contained more than 400 files of child pornography and CSAM, including material involving some of the youngest and most vulnerable children imaginable.

At the same time, the questions surrounding Nixon’s access to children through Daybreak Church become increasingly important. Wesley has acknowledged Nixon was one of his closest friends. Daybreak’s own history establishes Nixon as a longtime elder and preacher, while Nixon himself publicly discussed hosting Daybreak middle-school children inside his home.

Wesley has said Nixon’s involvement with the church’s student ministry is “concerning, as it should be.”

KCE agrees.

And KCE’s questions remain unanswered.