Credit: Montgomery County Jail
Credit: Montgomery County Jail
A county grand jury on Sept. 28 indicted Winburn on six felony counts, including two two counts of illegal use of a minor in nudity-oriented material or performance, two counts of pandering obscenity involving a minor, and one count each of endangering children, tampering with evidence and voyeurism.
Winburn “denies that he engaged in any criminal conduct,” said his attorney David Greer previously.
Attorneys Greer and Matthew Suellentrop filed a motion Thursday to modify or reduce Winburn’s bond so he can be released from the county jail on his own recognizance.
“There is simply nothing about Mr. Winburn to indicate that he presents any flight risk,” the motion states.
Winburn voluntarily appeared for his arraignment, is a longtime resident of the community and is “gainfully employed.” The motion also noted that Winburn is on probation in a federal case but that he has a positive relationship with his probation officer and has never failed to make a court appearance in any case.
Requests in the alternative are for either a release with electronic monitoring or a $10,000 cash bond, the motion states.
Winburn is accused of using the hidden camera to record the teen between Oct. 1, 2021, and March 24, according to his indictment.
The Vandalia Division of Police began an investigation after the girl, who is now 18, discovered the camera, said Montgomery County Prosecutor’s Office spokesman Greg Flannagan. The girl is known to Winburn, he said.
A case worker from CARE House Montgomery County Child Advocacy Center alerted Vandalia police that a teen said she found an iPhone with the camera facing out in her bedroom closet on March 22. The iPhone reportedly was inside a small box in a closet connected to an external battery, according to a Vandalia police report.
Police said they obtained the iPhone, two computers and a hard drive they believed were involved. On the computers they reportedly found “numerous” photos and videos of the girl in various states of undress in her bedroom and in the shower, all of which police believe were taken by hidden cameras. Several photos also showed Winburn in the bedroom where hidden cameras were placed, records said.
Winburn, a U.S. Air Force veteran and former Huber Heights councilman, was convicted in February 2020 after he pleaded guilty to one count of corruptly soliciting a bribe in return for giving confidential information to an individual seeking city contracts. Other counts against him were dismissed.
U.S. District Court Judge Thomas M. Rose in July 2020 sentenced Winburn to six months in federal prison, two years of supervised release and ordered him to pay restitution of $8,500, which he paid in November 2020, court records show.
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