In the m1 SUPERIOR Court STATE OF INDIANA SS: COUNTYOFSCOTT :27 STATE OF INDIANA VS. Taylor N. Waller Jul 04 2015 WW WT COUNT VOYEURISM LC. 35-45-4-5 LEVEL 6 FELONY The Undersigned, being first duly sworn upon his/her oath, states that in or about the month of April. 2015. at or near The Waters Nursing Home, in Scottsburg, County of Scott, State of Indiana, Taylor N. Waller, without the consent of MBA, a female resident. and with the intent to peep at the private area of did peep at the private area of MB, recording an image by means of a camera. and thereafter did publish the image, make the image available on the internet, and/or transmit or disseminate the image to another person. to-wit: did in a clandestine. surreptitious. prying, or secretive manner take a photograph of the naked buttocks. genitals, and/or pubic area of MB. without her consent. and thereafter did disseminate said image to other persons via "Snapchat". contrary to the statute and against the peace and dignity of the State of Indiana, I SWEAR OR AFFIRM UNDER PENALTY FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Mike Nichols, Affiant Scottsburg Police Department Approved by me this 2 day of 0am; ,20 If . f' puty) Prosecuting Attorney Ixth Judicial Circuit Scott County, State of Indiana STATE OF INDIANA In the CIR-QUIT I SUPERIOR Court 72bo1imrfl-Jfl SS: COUNTY OF STATE OF INDIANA VS. Ta Ior Waller AFFIDAVIT FOR PROBABLE CAUSE 1. I, Mike Nichols, being an Officer with the Scottsburg Police Department, received information of possible criminal activity; 2. On May 19. 2015. I spoke with Kim Smith, an administrator at The Waters Nursing Home. She reported that an "in house" investigation had just concluded because of reports that some of the staff had been taking photographs of the residents. 3. On May 19, 2015, I spoke to Samantha Simpson, a licensed C.N.A. employed at The Waters. She reported that about a month ago she had been working with Taylor Waller, who was also a employed at The Waters. M.B., a forty-eight year old female resident under Simpson's care. requested help getting back into bed. Simpson asked Waller to help her with this request. Simpson left the room for supplies and returned to see Waller standing behind M.B. with her cell phone in her hand. Simpson stated she realized that Waller had taken a photo of MB. after she received a "snapchat" of the photo from Waller. The photo was taken from behind and revealed all of the back. buttocks, and legs. The photo was taken without M.B.'s knowledge or consent. Simpson stated that Waller told her she took the photo because she thought it would be funny, She said she believed Waller had sent several photos of residents to Trevor Combs. 4. On May 19, 2015, I spoke to Taylor Waller. employed as a C.N.A. at The Waters. She admitted she had taken the photo with her cell phone of M.B.'s backside with no clothing on and then sent the photo over "snapchat." Waller said she took the photo because she thought it would be funny and that MB. did not know she had taken the photo. She reported that she knew the company policy that employees were not authorized to take photos of the residents. 5. On May 19. 2015. 1 spoke to Trevor Combs, employed as an EMS. in Scott County. He stated that he did receive a "snapchat" photo from Taylor Waller about a month ago that revealed the back, buttocks. and legs of a nude female resident. He stated that this was not the only ?snapchat? photo of residents he had received from Taylor Waller. 6. On May 21, 2015, both Simpson and Waller consented to a law enforcement search of their cell phones. The image of MB. described by Simpson, Waller, and Combs was not found on either cell phone. 7. The foregoing is offered for the establishment of probable cause only and is not intended to be a complete recitation of all relevant facts. hereby af?nn under penatty for Perjury the foregoing representations to be true. Mm Mike Nichols, Af?ant Scottsburg Police Department sI ATE or INDIANA IN THE SCOTT SUPERIOR COURT ass: I 20 .5 TERM COUNTY OF SCOTT STATE or INDIANA CAUSE N0. 72D01- 1506* F0 - #37 VS. Tania, wane, PLEA AGREEMENT Comes now the State of Indiana by the office of the Prosecuting Attorney and the Defendant, in person (and by counsel) and enter into the following plea agreement. 1. The Defendant, 01? iv . agrees to aplea of guilty to the charges of: a- . i' I. Jun?W . . I 1.5 I: with counts or charges dismissed (if any): N?zu'f If the defendant does enter a plea to the charge, the State of Indiana does hereby make the following recommendation to the Court as a diaposition of this case: SENTENCE: (ta/A. 3&5 d?y?gyears to the (Scott County aih?lndiana Department of Corrections) with 36,: days suspended, good time credit days [incarcerated from to 6- (3i [5 and probation for "5 (o 3 daysfyears. daysr?years to the (Scott County JaiUlndiana Department of Corrections) with days suspended, good time credit days [incarcerated from to and probation for daysfyears. days/years to the (Scott County Jail?ndiana Department of Corrections) with days suspended, good time credit days [incarcerated from to and probation for daysfyears. B. The executed portion of said sentence shall be served on electronically monitored home detention as a direct placement to the Indiana Department of Correction and shall be supervised by the Scott County Community Corrections Department. The Defendant shall pay user fees in the amount of $25.00 initially and per day in Cause . Further, the Defendant shall comply with the conditions set forth in the Joint Detention Order of and all reasonable rules and requirements of the Scott County Community Corrections Department. C. The total cost of incarceration in the amount of FINEICOSTIFEES: A. Fine due I . B. Court Costs due I Cause). C. 10 Drug Abuse Interdiction ee due __(Mergedeach Cause). D. $200.00 Countermeasure Fee due (Mergedeach Cause). E. $100.00 Child Abuse Prevention Fee due P. $50.00 Domestic Violence Preventiorii Fee due G. Sex Offender Fee due (A H. Felony: $100.00 due PRIVILEGES: A. Driving privileges to be suspended ir Public Defender Fee Misdemealhor $50.00 new I the State of lndiana for a period of dayslyears in Cause (Retroactive to the Bureau imposed suspension) (Refusal Suspension shall (not) terminate). (Consecutive to! Concurrent with) a B. Defendant granted a probationary lic MAXMW SENTENCES: years could be . ?ll. 000 . (Dollar snapeiide'd for up to convictionfof the charge(s) to whic proceeding, be used to determine i enhance a subsequent sentence, speci?cally waives hisfher right to which he;r she is pleading guilty, and minimum sentences of any origin Agreement. Further, the Defendant to himfher. Defendant speci?cally acknowledge _;circuiristahces torjustifithe Court?in .. ,4 5 .p I 'T?ur A. Nonreporting. (If not a resident of SI: (19/ . Reporting. C. Pay Probation User. Fees as directed 1. Felony: $100.00 Administra - Misdemeanor: $50.00 Admir. "Home Detention: Defendant shall serve a as directed by the Scott County $25.00 initially and pet with the conditions set forth in the requirements of the Scott County Ct uspension for a period of daysfyears in Cause ease for a period of 130 days. Defendant understands that the presumptiveladvisory sentence of the offense to which hefshe is entering a plea of guilty is a term of imprisonment of 3b! daysfyears to which added for aggravating circumstances, plus ?ne of up to plugs hisfher driving privileges in the State of Indiana could be years. The Defendarit?a?lso understands that hisl'her plea amounts to a her?she has entered 013? plea, and that such conviction, may, in a later hefshe is an habitual offender or habitual Violator of Traf?c Laws, revoke a suspended sentence, probation or parole. Defendant be advised of the sentencing to the charge(s) to speci?cally waives hislher right to be advised as to the maximum and al charge(s)and to any charge(s) dismissed pursuant to this Plea pecifically waives hisfher right to have any amended information read 5 and agrees that hislher prior criminal record is sufficie hisl'her?s'entenceaggravating L..- I . I ?v . ott County or any contiguous county). by the Probation Departrnent. :ive Fee; $100.00 Initial Fee; and $30.00 per month. istrative Fee; $50.00 Initial Fee; and $20.00 per month. aysfyear(s) on electronically monitored home detention Corrections Departrnentg'mndipayhuser .fees in the sum of day, in Cause . Further,'Defenliant shall comply Joint Home Detention Order of 52? 10102 and all reasonable rules and immunity Correctipns Dept. 2 (an/B. Community Service: MH- MI. 1 hours community service as directed by the Scott County Community Corrections Department within 15 days of this date or within the time speci?ed by such deparnnent in Cause it lm- F6 ?3 7 and pay $50.00 user fee (Mergedeach Cause). Defendant aciorowiedges ire/she is physically able to perform commgnirv service work and is not rubies! to a disability that would preclude completing such hours. Victim Assistance 1. Defendant shall pay restitution in Causeii through the Clerk?s Of?ce in the sum of for the use and enjoyment of due . 2. Defendant shall refrain from any (direct or indirect contact/violent contact) with and members of hisfher household. 3. Defendant shall not enter the areai'property where the offense was committed (namely) or the area immediately surrounding said areafpmperty. 1. Undergo substance abuse evaluation and pay $75.00 and pay either a treatment and case management fee of $175.00 or an education fee of $300.00. 2. Attend the Drug and Alcohol Abuse Program and pay 33 user fee in Cause it (Mergedeach Cause) due . You shall contact the Director of the Scott County Drug and Alcohol Program within seven (7) days of sentencing and further undergo, as recommended by assessment, available medical, drug or alcohol abuse treatmentfeducation at your expense, remain inior attend speci?ed institution (including any intensive outpatient treatment program) for that purpose, attend Alcoholicharcotic Anonymous meetings as required by the Program director or hisfher deputy. Domestic Violence. 1. Defendant shall attend the Long Term Domestic Violence Program as directed by said Program's Director and the Probation Department, and pay users fee in the sum of $25.00 Pre~test, $25.00 Post-test, and a weekly fee of up to $20.00, directly to Hoosier Hills Pact by certi?ed check or money order. Defendant shall contact Hoosier Hills Pact via the Scott County Prosecutor?s Of?ce (One E. McClain Avenue, Suite 220, Scottsburg, Indiana 47170; phone: 812~752-8466) not later than seven (7) days after hisiher sentencing or release date and sign up to attend the domestic violence classes. Other terms and conditions of Probation: (X 1. Good behavior. 2. You shall make an appointment with the Probation Of?cer of this court within 2 days from your sentence or release date. Thereafter, you shall report to himi'her as hefshe shall direct. 3. You must not commit another criminal offense. 4. You shall notify your Probation Of?cer of your new address within 24 hours if you change your address from that listed below. (X 5.You shall notify your Probation Of?cer of any change in employment. (X 6.You shall answer all reasonable inquiries of your Probation Of?cer. (X 7. You shall SUpport your dependents and meet all other family responsibilities. 3. You shall permit the Probation Of?cer to visit you at reasonable times at your home or elsewhere and you shall permit the Probation Of?cer andfor authorized agents of the Probation Department to enter your residence andior place of employment to make reasonable inquiry into your activities. (X) 9. During the period of your probation, if your Probation Of?cer has reasonable suspicion to believe that you are involved in illegal activities, or activities or behavior prohibited by the terms of your 3 (X) 10. (X) 11. or) i2. (X) 13. (X) 14. (X) 15. (X) 15. (118. probation or behavior that poses a risk to the safety of your Probation Of?ce or hisfher representative, then your p?obation of?cer andfor hisiher authorized representative may conduct a search of your person, vehicle, residence or properpy. You shall not remove you residence from County without ?rst obtaining written permission from our Probation Of?cer. If granted written. permission to leave Indiana, you shall agree to aive extradition to the State of Indiana and agree to voluntarily return to Indiana when so orderedEvy this Court. You shall maintain suitabll employment, or seek suitable employment. Undergo an educational asseSSment and attend, at your expense, a LiteracinED Program, Vocational training andfor other Rehabilitative or Educatio a1 Programs (including Mentor Program, Stress, Parenting Classes, Domestic Batterers Suppo Group and Moral Reconation Therapy Groups) as directed by your Probation Officer. - - You shall not possess or se any ?rearm, destructive device or other dangerous weapon unless granted written permission your Probation Of?cer. You shall not use alcohol ,dfor drugslcontrolled substances unless prescribed by a physician. You shall not associate wi any person of bad character or reputation or with any person who is likely to in?uence on to commit any crime. You shall undergo Unnalysiszreathalyzer test(s) for drugs or alcohol as directed by the Scott County Probation Dep eat, with any fees to be paid by the Defendant at the time of the test. The Defendant further sti ulates as to the admissibility of the test results at any future court proceeding in regard to De endant's compliance with probation. You shall not possess, ma tain, utilize or have control of any electronic surveillance equipment including, but not limited closed circuit television and emergency frequency scanners. Further, you shall not residence i any residence or structure where such equipment is possess, stored, maintained or utilized. You shall undergo availablp medical or treatrnent, at your expense, at an remain in a speci?ed institution if required for that purpose. Attend the Court's Bad Clieclt Program as directed by the Program Director and pay the $75.00 user fee directly to Hoosidr Hills Pact. Defendant shall contact the of?ce of Hoosier Hills Pact (1445 Gardner Lane NW, orydon, Indiana 47112; phone: 812-733-1262, ext. 3) not later than seven days after hisfhe sentencing or release date and sign up to attend the classes. Pay previously ordered on tr'?nesifeesfrestitution andfor complete previously ordered conununity service alco 01 classes as set forth in the schedule attached hereto and incorporated herein as ?Exhibit Th fees are due by .I 0020. The Defendant agrees to eit to the investigating law enforcement agency all evidence seized in 04/25. connection with the inve tigation herein. This includes, but is not limited to: paraphernalia, deadly weapons, scales and cash. The Defendant is a person onvicted crime subject to the provisions of LC. 10-13-6-10 and understands that hefshe or at provide a DNA sample to the Sheriff of Scott County, within seven (7) days of sentenci g. Ifthe Defendant is being placed directly on probation at the time of this plea the Defen ant shall contact hisfher probation officer to make arrangements to provide said sample. The Defendant understand as a person convicted of a sex offense that he/she is subject to Additional terms ccntaine in the Indiana Recommended Special Conditions for Adult Sex Offenders. Exhibit The Defendant understand hisiher duty to register as a sex Offender at the Sheriff Department. The Defendant acknowl dges that a determination that the Defendant committed a crime of domestic violence shall be entered by the Court. The Defendant acknowledges that by pleading guilty, hefshe will be convicted of a crime of domestic violence under LC. 35-41-1-6 .3 and lose the rightto ossesa?r arm. (I I I . 3. The defendant understands that if helshe violates a condition of probation during the probationary period, a petition to revoke may be filed any time during the probationary period or before the earlier of the following: One (1) year after the termination of probation, or Forty-?ve (45) days after the State receives notice of the violation. 4. The Defendant understands that the State and Federal Constitutions guarantee all criminal Defendants certain rights, among them being the rights to: (1) engage counsel; (2) a public and speedy trial byjury; (3) confront and cross-examine the witnesses against him; (4) have compulsory process without expense to the defendant, for obtaining witnesses in his favor, and a reasonable continuance to engage counsel to subpoena witnesses on his behalf; (5) Require the state to prove his guilt beyond a reasonable doubt at a trial, at which the Defendant cannot be compelled to testify against himself; the Defendant has the right to testify or not to testify in the Defendant's own behalf; (6) Appeal. The Defendant further understands that the entry of a guilty plea pursuant to this recommendation waives those rights and constitutes an admission of the truth of all facts alleged in the information or indictment count to which a plea of guilty has been entered and that the guilty plea amounts to a conviction. The Defendant acknowledges that helshe has been given the opportunity to read the probable cause af?davit ?led in this case and the facts contained in it are true and constitute a factual basis for the Court to accept his plea of guilty, and waives his right to have the Court personally address him to determine such factual basis. The Defendant does not waive his right to post-conviction relief by entering into this plea agreement. 5. The Defendant additionally acknowledges satisfaction with defense counsel's representation and competency exhibited in this matter and further acknowledges belief that this recommendatiop is in the best interest of the Defendant. 6. The Defendant understands that, if the offense to which he is entering a plea of guilty or an admission is a traffic offense, a record of conviction (orjudgment) will be sent to the motor vehicle commissioner of this State or of the State where the Defendant received a license to drive, to become a part of the Defendant?s driving record. And may be used to determine if the defendant is an Habitual Violator of Traf?c Laws. 7. This recommendation embodies the entire recommendation between the parties, and no promises have been made or inducements given to the Defendant by the State of Indiana which are not set out herein, nor has the Defendant or any other person been threatened in order to force him to plead guilty. 3. The Defendant understands that the Court is neither bound by nor is a party to this plea agreement. That if the Court accepts this agreement, then the Court is bound by its terms. That if the Court rejects this agreement, then the Defendant is not bound by the agreement, the Court will allow him to withdraw his offer of a plea of guilty, and will reinstate his plea of not guilty, that the proceedings with respect to this plea agreement will not be made a part of the record, and any plea of guilty will not be admissible as evidence in any criminal, civil or administrative proceeding. The Defendant further understands that his punishment pursuant to this agreement could be the same as, greater than, or less than if he had plead not guilty, had stood trial and had been convicted by this Court or ajury. 9. The Defendant acknowledges mat he is emilled to have the Court explain all of his rigth in this miter, and hereby waives that entitlement, mat he acknowledges thai he can read, write and understands the English language End has read and understands this agreemenL and that his plea of guilty pulsuant to this a eement is his free and v0 (address) Years ofaducai' Attorne for Defendant i ACCEPTED, APPROVED AND ORDERED this Stey MM 10 I hereby certify, in compliance with 1.035. contean ofthe plea and their right to be pre unitary act. 6i Judicial Circuit . McClain Ave. Suite 220 Scomburg, Indiana A Ci I 5342, that the victim has be advised ofplea neg tialions, the sent. Deputy/Prosecuting Anomey I HAVE READ ABOVE CONDITIONS AND AGREE TO COMPLY WITH EACH OF THEM. DEFENDANT (Revised 07/09/2012) PROBATION OFFICE STATE OF INDIANA I In the CIRCUIT SUPERIOR Court I SS: COUNTY OF SCOTT 72D01- U06 - - ?137 STATE OF INDIANA FILED Taylor N. Waller L-g, . is is AFFIDAVIT 0F DEFENDANT SUPERiUrich-e Comes now the Defendant, Taylor N. Waller, in person, and being duly sworn under oath, does new state as follows: 1. That the photo(s) of M.B., a female residence of The Waters Nursing Home, that are the subject of Count I, are no longer in my possession in any format, digital, physical or otherwise, and are not posted to any social media account that I maintain. 2. That the photo(s) of MB. have been destroyed. 3. That the photo(s) of MB. were only distributed as indicated in the Probable Cause Affidavit, through ?Snapchat,? and it is the nature of Snapchat that the photos are not preserved by the receiver. 4. That, to my knowledge, no other person has kept or retained a copy of these photos. 5. That no longer retain any photos of MB. in any form or format and I shall not distribute or circulate any photos or images of M.B., either through sociat media or otherwise. I SWEAR OR AFFIRM UNDER PENALTY FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. my I ya} ,Walier, Affiant