Undercover sting

led to arrest

of former BPD officer
By Melanie Davis
melanie@mountaintimes.com

Warning: The following article contains material some readers may find sexually explicit.

More information has become available in a state child-pornography investigation involving a former Boone police officer.

Warrants were issued for the arrest of Marvin Eric Tart, 34, of Boone, on Thursday, alleging six counts of felony sexual exploitation of a minor.

The offense description on each warrant alleges Tart “unlawfully, willfully and feloniously did photograph and duplicate material containing a visual representation of a minor.”

Each of the six warrants mentions images of pre-pubescent age females engaging in sexual activity. Two of the warrants indicate adults male were present in the photographs. The offense dates include April 21, July 2, July 8 and three warrants for July 20, all of this year.

The investigation leading to the warrants began with Buncombe County Sheriff’s Office, which participates in the N.C. Internet Crimes Against Children Task Force. The task force is under the supervision of the State Bureau of Investigations.

As a part of the probable-cause statement presented during the application for a search warrant, deputies in Buncombe County presented an outline including Internet messages between Tart and an undercover officer portraying an 11-year-old female.

The messages set up a time for the two to meet in Arden. Tart was stopped by a deputy 150 yards away from the location determined by the Internet communication. The deputy reported a fictitious license tag on the vehicle, an expired inspection sticker and darkly tinted windows.

The narrative contained in the court documents indicates Tart showed the Buncombe officer his police identification card and advised his service weapon was in the vehicle. The handgun was in the passenger seat of the vehicle.

Court documents further state Tart told the officer he was in the Arden area to check on property and that he dealt in real estate.

Tart was released with a verbal warning at the time of traffic stop. However, an application for a search warrant began.

The warrant was served on July 30 at Tart’s home at 113-A West Virginia Street by Watauga County Sheriff's deputies. Among the items seized were a cell phone, laptop computer, digital camera, recordable DVD disks, a flash drive, set of nine DVDs and loose documents.

Tart was served with the arrest warrants on July 31, the same day he resigned as a Boone police officer.

Due to employment laws, Boone police chief Bill Post said he cannot comment on the case.

“I am restricted to advising you only the following information: Eric Tart is a former master police officer of the Boone Police Department. He is 34 years old. He was employed full-time from April 5, 1999 until 4 p.m. on July 31, 2008, when he resigned from his position. Since his resignation, he receives no salary from the town of Boone,” Post said.

Lt. Ross Villingham of the criminal investigations division of Buncombe County Sheriff's Office said the case has been turned over to the State Bureau of Investigations.

The Buncombe office has an officer dedicated to computer crimes and that officer actively investigates the online solicitation of children.

“This is a crime that is prevalent everywhere,” Villingham said, adding that in Buncombe County, the sheriff's office aggressively pursues anyone trying to victimize children.

Since 2007, the Buncombe office has arrested an estimated 15-20 people on similar charges.

The investigations are usually transferred to the state or federal level due to the nature of the crime.

Tart remains in custody at the Watauga County Detention Center and is scheduled to appear in district court on Aug. 26 in lieu of a $60,000 secured bond.