Winburn “denies that he engaged in any criminal conduct,” said his attorney David Greer.
The new case could have an impact on his federal case as Winburn is on supervised released after his six month prison sentence in that case was amended on July 1 to time served in home detention.
He is accused of using the hidden camera to record the teen between Oct. 1, 2021, and March 24, according to his indictment.
The Vandalia Division of Police began an investigation after the girl, who is now 18, discovered the camera, said Montgomery County Prosecutor’s Office spokesman Greg Flannagan. The girl is known to Winburn, he said.
A case worker from CARE House Montgomery County Child Advocacy Center alerted Vandalia police that a teen said she found an iPhone with the camera facing out in her bedroom closet on March 22. The iPhone reportedly was inside a small box in a closet connected to an external battery, according to a Vandalia police report.
Police said they obtained the iPhone, two computers and a hard drive they believed were involved. On the computers they reportedly found “numerous” photos and videos of the girl in various states of undress in her bedroom and in the shower, all of which police believe were taken by hidden cameras. Several photos also showed Winburn in the bedroom where hidden cameras were placed, records said.
Winburn, a U.S. Air Force veteran and former Huber Heights councilman, was convicted in February 2020 after he pleaded guilty to one count of corruptly soliciting a bribe in return for giving confidential information to an individual seeking city contracts. Other counts against him were dismissed.
U.S. District Court Judge Thomas M. Rose in July 2020 sentenced Winburn to six months in federal prison, two years of supervised release and ordered him to pay restitution of $8,500, which he paid in full in November 2020, court records show.
The date he was scheduled to report to prison was delayed multiple times due to the COVID-19 pandemic. His last report date was this August. However, Rose on July 1 amended Winburn’s sentence to time served in home detention and three years of community control, according to federal court documents.
Winburn is under the supervision of the U.S. Probation Department.
“Local jurisdictions generally do not notify the U.S. Attorney’s Office concerning their independent investigations,” said Jennifer Thornton, spokeswoman for United States Attorney Kenneth L. Parker. “This case was no different.”
She said once state charges are filed against someone on supervised release the probation officer determines whether to file a notice of violation with the the federal court.
“The court then decides whether to issue an order to show cause against the defendant,” Thornton said. “If the court issues an order to show cause, the defendant appears at an admit/deny hearing where he or she admits or denies the allegation contained in the violation report. If the defendant denies the allegation, the matter is set for a hearing.”
Winburn was fired as the city of Dayton’s business and technical assistance administrator for the Dayton Human Relations Council after the feds in 2019 announced the indictments against him and six others.
Winburn previously served on many boards, including Parity Inc., Norris Cole Foundation, BJ Kids Foundation, the Epilepsy Foundation of Western Ohio and Co-op Dayton.
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