Charges filed against man police call 'Diaper Boy'
By Pat Reavy
Published: Wednesday, May 20, 2009 10:25 p.m. MDT
The man known as "Diaper Boy" by law enforcers was once again charged in 3rd District Court on Wednesday.
This time, prosecutors say the charges against Barton Bagnes are more serious than the last ones that were eventually dismissed.
Bagnes, 31, was charged Wednesday with sexual exploitation of a minor, two counts of dealing in harmful materials to a minor and two counts of lewdness by a sex offender involving a child.
The 5-foot-3, 100-pound Bagnes is nicknamed "Diaper Boy" by police because of his pattern of seeking out small children and showing off a diaper he wears by taping it to his body.
The registered sex offender has been convicted of two misdemeanor counts of lewdness involving a child, according to court records in 1999. One of those counts was amended from a felony to a misdemeanor as part of a plea bargain, court records show. In 2000, he again pleaded guilty to misdemeanor lewdness involving a child, according to court records.
But since then, additional charges filed against him have been dropped because the actions didn't quite meet the lewdness statute.
Last year, Bagnes was charged with 11 misdemeanor counts of lewdness involving a child for a 2007 incident. That same year, in August, he was charged with three additional felony counts of lewdness involving a child in a separate incident. All charges were eventually dismissed.
The new charges, however, are more serious, said prosecutor Alicia Cook. "The behavior was more serious," she said.
In the latest incident, police say Bagnes approached two 8-year-old children on May 8 near 10300 South and 800 East. The man pulled his pants down to his thighs and pulled his shirt up, revealing a child's diaper that had an image of the "Sesame Street" television-show character Elmo on the front, according to court documents.
"(The children) stated that it was much too small for him, and he had it taped to his body," the court document stated.
In the past, Bagnes had only slightly pulled his pants down, Cook said.
In addition to pulling down his pants, the man in the latest case handed out fliers advertising a Web site that included numerous pictures of children, from toddlers to prepubescent teens, all wearing diapers, some in provocative poses, according to court documents.
The man told the children not to tell their parents about the incident, according to court documents. The children, however, reported what happened, stating, "the man was 'gross' and that they were afraid of him," court documents state.
On May 13, the children spotted the man again in their neighborhood, told their parents, and police were called. When Bagnes was arrested, deputies found him in possession of three infant diapers, a pacifier and tape.