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Posted: 12:56 p.m. Tuesday, Oct. 18, 2011
GARDNERVILLE-- A Gardnerville man was sentenced to probation for filming a woman while she was changing clothes in a bathroom of a Minden warehouse.
District Judge Michael Gibbons handed down the sentence, which also includes performing 100 hours of community service, to 64-year-old David Lee Stewart on Monday. Stewart pleaded guilty to capturing an image of the private area of another person, a gross misdemeanor.
The victim in this case was a former friend of Stewart. "I have great remorse. I did ruin a friendship that I honored,” said Stewart.He said he was undergoing counseling.
According to the criminal complaint, the victim said Stewart had been asking her for months to model some sportswear, which he intended to sell online. He had asked her to tryout and model several outfits at Synergy Sports warehouse in Minden, where he had secretly placed a camera in the bathroom where the victim would be changing her clothes.When the woman went into the bathroom to change into one of the outfits, she noticed a small video camera propped up in the corner of an open cabinet pointed toward her and turned on. She said she turned off the camera, changed her clothes and completed the photo shoot. She said she felt a bit scared and that's why she didn't confront Stewart at the time. However, she did take the camera.The woman then called her fiancé, and went to the sheriff's office where she reported her suspicions.
Deputies subsequently arrested Stewart at his home and confiscated cameras and equipment, a computer and video cassette.
Prosecutor Laurie Trotter had asked that Stewart be sentenced to six months in jail as part of probation. "It was not an accident, or a moment of weakness as the defendant describes it. It was a planned event," Trotter said.The victim suffered embarrassment and emotional distress from the incident, Trotter said.
Although Stewart is not required to register as a sex offender, judge Gibbons did impose several conditions during his two years of probation including a one-year suspended sentence in Douglas County Jail, random polygraph tests, and he cannot have a still camera or Internet access without permission of his probation officer. Stewart must also comply with curfew, abstain from drugs and alcohol and cannot possess sexually explicit material or enter a business that provides sexually explicit entertainment.
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