Tracy James Driscoll, 35, was found guilty Wednesday of six counts of breach of privacy, for secretly taking photos and videos of nude or partially nude women on his cellphone in 2017 and 2018.
Driscoll entered “no contest” pleas to each count read by Barton County Magistrate Judge Richard Burgess Jr. Two additional counts of breach of privacy were dismissed as part of a plea negotiation.
Barton County Attorney Amy Mellor said the state was prepared to present evidence that Driscoll recorded the images from a booth inside the E-Z Tan salon, located at 1657 K-96 in Great Bend’s Westgate shopping center.
Mellor described the state’s evidence. On Feb. 16, Great Bend Police Department officers were called to the tanning salon to investigate complaints that Driscoll had been photographing or taking videos of customers when they were undressed. A woman told police she was inside a tanning booth when she saw a hand holding a cellphone above the partition.
The business owner was notified and after calling the police she talked to Driscoll to keep him there. When GBPD Corporal Shane Becker arrived, Driscoll headed to the men’s room. Concerned that Driscoll might attempt to delete evidence, Becker followed him and asked Driscoll to hand over his cellphone. He complied and there did not appear to be any photos of naked women on the phone.
However, a search warrant for the phone was obtained and it was then sent to the Kansas Bureau of Investigation for analysis.
Mellor said multiple pictures and videos were extracted from the phone using investigative software. This accounted for multiple victims dating back to November of 2017. All were identified by their initials and year of birth.
Driscoll took images of “naked and partially naked women” in rooms 12 and 14 of the salon from room 13, Mellor said.
E-Z Tan activity receipts were also secured, confirming the defendant was there at the times the images were taken.
Sentencing scheduled
Breach of privacy is a level 8 person felony. Mellor said Kansas sentencing guidelines would call for 7-23 months in prison for each count, with presumptive probation, and a fine of no more than $100,000. However, she called for a sentence based on additional aggravating factors. The recommended sentence is 17 months in prison for the first count and nine months for each of the other counts. Although the recommendation is for the sentences to run consecutively, they cannot add up to more than two times the controlling sentence of 17 months. Therefore, under the negotiated agreement she recommends a 34-month sentence followed by 36 months of probation, plus court costs and fees.
Burgess advised Driscoll that a district judge will handle the actual sentencing and that judge is not obligated to follow the plea agreement.
Driscoll’s sentencing is set for 2 p.m. on Nov. 9. He must undergo a pre-sentencing evaluation in the interim.
Driscoll remains free on a $10,000 bond posted on the day he was booked in May. He is to have no contact with the victims and to follow other terms of the agreement which were not spelled out at the hearing. At Mellor’s request, Judge Burgess added the stipulation that he may not come within 100 feet of any of the victims’ places of residence, employment or school.
Driscoll was represented by defense attorney Michael Shaffer Holland II.
Mellor met with the victims before and after the hearing to explain what would happen and to answer any questions. The victims were not called upon to speak at Wednesday’s hearing, but Mellor said they will be allowed to speak at the sentencing.
