A Greentown man is facing a felony charge of child solicitation after police say he gave alcohol to a minor and wanted to perform a sex act on her.
Scott Bailey, 35, has been charged with child solicitation, a level 5 felony, and furnishing alcohol to a minor, a class B misdemeanor. He is currently being held at the Howard County Jail on a $50,000 cash only bond and has an initial hearing and bond reduction hearing scheduled for March 29.
According to the probable cause affidavit, the alleged victim told police she was staying overnight at a friend’s house Feb. 3 when the incidents occurred.
Bailey allegedly asked the two girls if they wanted to hang out in a camper parked at the home and listen to music, according to the affidavit. While in the camper, Bailey offered beer to the girls, the affidavit states. The alleged victim told police she took a sip and gagged but that Bailey encouraged both of the girls to drink more.
After slow dancing and singing for a while, the alleged victim’s friend, who is related to Bailey, left to use the bathroom. That is when Bailey began to dance behind the alleged victim and attempted to grope her breast and place his hand down her pants, the alleged victim told police. However, both times the girl was able to deflect and stop Bailey, according to the affidavit.
It was when her friend returned from the bathroom, according to the affidavit, that Bailey stated he wanted to perform a sex act on the alleged victim. After that, according to the affidavit, the two girls left the camper and went to a bedroom, but Bailey followed them and began tickling the alleged victim’s legs and trying to put his hands into her pants. He stopped and left the room, according to the affidavit, after the alleged victim’s friend began to kick him away.
After Bailey left the room, according to the affidavit, he began to text his minor relative “weird” messages, including asking her if he could perform a sex act on her friend.
After receiving the text messages, the two girls woke up another juvenile male in the house who was older than the girls, showed him the text messages and the three called Bailey’s wife, who, according to the affidavit, had gone out for the evening and she came to the residence and removed the children from the house.
On Feb. 24, the affidavit states, Bailey went to the Howard County Sheriff’s Department on his own volition to talk to police about the allegations and the night in question.
He told police, according to the affidavit, that all he remembers from that night is bringing speakers from the house’s garage to the camper to listen to music.
According to the affidavit, the lead detective with the Howard County Sheriff’s Office received a warrant from Howard County Circuit Court to conduct a Cellibrite data extraction from Bailey’s cell phone.
Cellibrite is an Israeli digital intelligence company that provides tools for law enforcement to unlock someone’s phone and extract any and all data from the phone, including text messages, voicemails, images and some deleted content.
According to the affidavit, police were not able to read the contents of the text messages sent by Bailey but the lead detective noted Bailey did send text messages to his relative during the timeframe of the alleged incident and that the message was later deleted.
Bailey’s hired attorney, Gregory Spencer, did not respond to an email requesting comment.
On Monday, Spencer filed a motion for a bond reduction.
In the motion, Spencer argues that Circuit Court Judge Lynn Murray’s $50,000 cash bond is “excessive” and violates the 8th Amendment of the U.S. Constitution, which prohibits “excessive fines” and “excessive bail” and Article 1, Section 16 of the Indiana Constitution, which is a virtual copy of the 8th Amendment and prohibits the same.
In the motion, Spencer states Bailey “does not pose a danger to the community and is not a flight risk” and will attend all court hearings and comply with the no-contact order.
The attorney cites the facts that Bailey has lived in Howard County all of his life, that all his immediate and extended family lives in and around central Indiana, that he has no prior criminal history and that his wife and children rely on his work income and employer-provided health insurance to bolster his argument that bond should be reduced and that Bailey is not a flight risk.
A hearing on the motion for bond reduction is also scheduled for March 29 in Howard County Circuit Court in front of Murray.
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