A federal agent in Phoenix was caught on a nanny camera pulling a 3-year-old girl's dirty underwear out of a laundry basket and smelling them while touring a home as a potential buyer. As a result of a plea deal, however, he will only have to serve two years of unsupervised probation, and will not have to register as a sex offender, according to KNXV-TV.
Deputy U.S. Marshal David Timothy Moon, who has since been fired as a result of his crime, was initially charged with felony trespassing with a sexual motive. But he struck a plea deal that dropped the charge to misdemeanor trespassing.
The 50-year-old Moon was touring a Phoenix home for sale last May. While the real estate agent was elsewhere, Moon found his way to a girl's bedroom. He looked in the closet briefly before heading to the corner where a laundry basket was.
He dug through the basket for a moment, seemingly searching purposefully for something specific. He picked up a pair of underwear and held them up to his face, appearing to smell them. He left the room, but then he came back few minutes later to repeat the act. But on his way out, he seems to realize he's been caught by a motion-activated nanny camera in the room.
"Godd**nit," he says as he walks out.
And he was indeed caught. His entrances and movement in the room sent a notification to the girl's father, who saw footage Moon's appalling behavior, so the father called police.
Moon's girlfriend told authorities that once he found out police were looking for him, he threw away his computer. She found an email he had sent himself with a video of girls doing gymnastics, as well.
Moon's sentence was determined in part by a lack of criminal history, his service in the military and law enforcement, and the judge's opinion that he expressed sincere remorse for his actions. When his probation is up, he can apply to have the complaint dismissed and the conviction set aside.
Prosecutors were seeking supervised probation and a sex offender designation.
The girl's father, however, believes it's unsafe for Moon to be out amongst the public unsupervised, after the sexually deviant behavior he exhibited.
"What if he comes back?" the dad said. "What if he tries to hurt us or our daughter? What if he loses his job and has nothing else to lose?"