A convicted child predator in Lubbock was arrested in Europe after he fled the country last year before he was to serve a four-year prison sentence for soliciting sex from someone he believed was a 14-year-old girl.
A red notice for 45-year-old John Ellis Gess was issued by Interpol after the U.S. Attorney’s Office filed a criminal complaint against him in April, charging him with unlawful flight to avoid confinement after conviction.
Gess, who is being held at the Lubbock County Detention Center, appeared Monday before U.S. Magistrate Judge Amanda Burch for an initial appearance after he was brought back to the country.
However, prosecutors informed the court the charge was being dismissed, leaving Gess to be transferred to the Texas Department of Criminal Justice to begin serving his sentence for his online solicitation of a minor for sex conviction, a third-degree felony that carries a punishment of two to 10 years in prison.
The charge stems from an undercover online investigation by Texas Department of Public Safety in Feb. 19, 2020.
Gess responded to a post on the social media platform Whisper, made by an undercover agent posing as a 14-year-old girl. The post was titled, “Bored. Ditching school. Spoil me.”
Gess responded to the post, saying “Wanna get a room.”
The communication between Gess and the girl moved from the social media application to texts and their conversation quickly turned sexual.
Gess asked the girl if she had “ever been with a black guy” and asked her if she was a virgin.
In those conversations, he told the girl he would “go slow with [her]” and how he “want[ed] to be [her] first for everything.”
Gess’ messages also included in graphic detail sexual acts he wanted to do to the girl.
The text conversations continued for about six days and ended when he arranged to meet the girl at a laundromat on Fourth Street and Elkhart Avenue.
One of his last messages to the girl before going to meet her was “I can’t tell you I will get in trouble for telling you what I want to do.”
Gess arrived at the meeting place on Feb. 25, 2020, and was arrested by Texas Department of Public Safety troopers who were waiting for him.
He was released on bond and three years later appeared in the 364th District Court for a trial without a jury.
During the December 2023 bench trial, Gess’ attorney, Jaime Lopez, argued that prosecutors failed to show that his client intended to have sex with a 14-year-old girl the day troopers arrested him.
Lopez cited Gess’ interview with investigators the day of his arrest, during which he admitted that his conversations with the girl were sexual. However, he said he didn’t intend to have sex with the girl that day. Gess described the meeting as an introduction.
“[W]e can’t do anything today just meet,” he could be heard saying.
Prosecutor Austin Sanford argued that the messages between Gess and the person he thought was a minor clearly indicated he planned to have a sexual relationship.
“He showed up to meet a 14-year-old girl after talking to her like this,” he said.
However, District Judge William Eichman rejected the argument, saying Gess’ intentions on the day he went to meet the girl was irrelevant as his messages to her clearly indicated a desire to engage in a sexual relationship with a 14-year-old girl.
During the punishment phase of his trial, Gess, who was eligible for probation, was described by family members as a good father, son, neighbor and friend who made a terrible lapse in judgement.
His sister, told the court that since their father’s passing he has been taking care of their mother.
Eichman sentenced Gess, a veteran of the U.S. Air Force who service included being stationed in Italy, to four years in prison.
The punishment made Gess eligible for an appeal bond, meaning he didn’t have to begin serving his sentence until justices with the Court of Appeals Seventh District of Texas in Amarillo ruled on whether there was sufficient evidence to uphold his conviction.
Court records show that the justices upheld his conviction in October 2024, saying, the crime of online solicitation of a minor is complete at the time of the solicitation on the Internet and not at a physical meeting.
The records show that Gess’ appellate attorney requested a rehearing, which was denied.
A mandate was issued in March and Gess was expected to return on March 24 to the 364th District Court, where he would be arrested and later taken to the Texas Department of Criminal Justice to begin serving his sentence.
Gess never showed, however, court documents state his attorney called him that day from the courthouse and he replied that he would appear in 15 minutes.
However, Gess never appeared and a warrant for his arrest was issued.
Federal investigators later learned that Gess had been travelling in and out of South America and had been living in Europe since November 2024.
Three days after his warrant was issued, FBI officials learned that Gess was arrested at the Aviano Air Base in Italy after guards there scanned his ID and learned about his warrant, according to the federal complaint, which was filed on April 2.
The document states Gess tried to run away but was caught shortly after.
However, base law enforcement were unable to extradite Gess back to the country and he traveled throughout Europe in a car he rented in Italy and used pre-paid cell phones to avoid being tracked.
Meanwhile, a Red Notice was issued by Interpol on April 11, for his arrest.
Authorities arrested Gess in Zadar, Croatia on May 24 in Zadar, Croatia after finding the rental car.
Sanford said that arrest started a timeline in which he, with the help of attorneys with the Department of International Affairs, prepared paperwork, that included some of the facts of Gess’ case that would have to be translated in Croatian, to begin the extradition process.
Part of the paperwork included an agreement not to bring more charges against Gess once he is brought back to the U.S.
After filing the final paperwork in June, an investigating judge of the county court granted the extradition request. However, Gess appealed the decision and waited in custody until August, when the Supreme court of the Republic of Croatia rejected Gess’ appeal and the process of returning him to the U.S. began.
After serving his sentence, Gess will have to register as a sex offender.
“There’s a lot of skepticism in terms of the relationship between the state and federal governments being able to work together,” he said. “This case is absolutely a testament that the system work. And if you try to run, we will find you.”
This article originally appeared on Lubbock Avalanche-Journal: Convicted Lubbock online predator arrested after fleeing to Europe
Reporting by Gabriel Monte, Lubbock Avalanche-Journal / Lubbock Avalanche-Journal
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