BATH — A Bath school bus driver is charged with posting inappropriate photos of students online.
After a week-long investigation conducted by the Maine State Police Computer Crimes Unit and Bath Police Department, police charged Timothy McGowan, 50, of Bath with violation of privacy.
McGowan is a bus driver for the Bath Bus Service. In his capacity as a bus driver, investigators believe he took the illegal photos of students while transporting students to and from school, and to and from special events, according to a release from Lt. Robert Savary.
On May 23, the Maine State Police were notified by investigators from Homeland Security of a tip alleging a bus driver from Maine was posting “upskirt” photographs of what were believed to be school-aged students on a foreign website. Through subpoena and email traces, the individual identified was a bus driver from the Bath area, according to Savary.
Maine State Police contacted the Bath Police Department to assist them.
Police say that through the course of the investigation, images of six female students of elementary, middle and high school ages were identified by police and school staff from Regional School Unit 1 and West Bath School.
Police say McGowan was interviewed by investigators and several of his electronic devices were searched by the Computer Crimes Unit of the Maine State Police. Images found on his devices were the same as ones uploaded on the foreign website.
On May 30, Bath police served a criminal summons to McGowan at his residence. He is scheduled to appear July 17 in West Bath District Court. The Class D misdemeanor crime he is charged with is punishable by up to 364 days incarceration and a $2,000 fine.
McGowan has been placed on leave by the Bath Bus Service, police said, and is not currently driving a school bus.
While McGowan was charged, he was not arrested, according to Savary. Because the alleged crime was a misdemeanor and not committed in the presence of a police officer, police could not arrest McGowan unless they had obtained an arrest warrant through the court.
Savary said this would have taken time and police wanted to close the case and get information out to the public. Because McGowan is no longer driving bus, he is not in a position to easily reoffend and had he been arrested, Savary said, McGowan likely would have been out on bail in a short time.
McGowan could face additional charges once the case goes to the district attorney’s office, Savary said.
Savary stressed that the action of taking “upskirt” photos of this nature is a violation of privacy but it is not necessarily child pornography, as defined by the law.
Parents of the students involved were notified by school administrators on May 31, according to police.
In a press release, Savary wrote: “The Bath Bus Service conducted all the proper background checks on Mr. McGowan prior to his employment as a bus driver. Mr. McGowan had no previous criminal convictions. The Bath Bus Service fully cooperated throughout the investigation.
“Administrators from RSU 1 and West Bath Schools cooperated with investigators as well and were instrumental in identifying the students who were photographed by Mr. McGowan,” he added. “Police are not releasing the website where investigators initially discovered these images. All the images have been removed from the website.”
RSU 1 Superintendent Patrick Manuel alerted families of the accusation against the employee of Bath Bus Service, the school district’s contracted bus service.
“We have contacted all the families of the affected students that we know were involved, the individual ceased to drive a school bus as soon as we were made aware of the allegations,” he wrote. “While we understand that this news may be unsettling, nothing is more important to us than the safety and well-being of our students.”
Manuel did not return a phone call or email seeking additional comment by press time.
Bath Bus Service declined to comment on the incident or how they screen drivers. Questions were directed to the Maine State Police.
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