On Feb. 12, Benjamin Bagby, 54, of Locust Hill pleaded guilty in Middlesex County Circuit Court to contributing to the delinquency of a minor and sexual battery, reported Middlesex Commonwealth’s Attorney Michael Hurd.
In pleading guilty to the two misdemeanors, Bagby signed an agreement stating, “The defendant is entering the pleas of guilty, because he is in fact guilty,” and he replied, “Yes,” when asked the same question by retired Judge Ray Grubbs.
Hurd summarized the evidence. The offense date range was from June 3, 2022 to Aug. 29, 2022. The victim was 14 years old and would have testified to unwanted touching by Bagby to her sexual areas, and of his placing her hand on his clothed sexual organ. The victim’s brother would have testified that there were times when Bagby and his sister were alone, and that he and his sister were present when Bagby used a measuring tape to reference his size.
Deleted text messages were forensically recovered from the victim’s phone. One exchange specifically referenced and described one of the incidents that had occurred. Additionally, Bagby, 54, wrote about the 14 year old’s attractiveness and that he loved her, and stated sexual intentions.
Bagby had texted the child victim that he was going to send her something, and she would testify that he then immediately sent a photo of his “privates,” and she sent him a photo of her wearing a towel. An investigator recovered the photograph of Bagby and a text from Bagby stating that he was sending her something, and the photo of her in a towel.
Discovery
The relationship was discovered when the victim’s mother looked at the victim’s phone and saw that Bagby wrote, “I need you in my life forever” and the 14 year old wrote, “I need you too.”
The day after the mother reported this to the Middlesex County Sheriff’s Office (MCSO), video from Middlesex High School showed Bagby, who just days earlier began work as a substitute teacher, having the victim step out of lunch to talk with him in a hallway. (Bagby was a substitute teacher for just eight days and left the school system in late August 2022.)
The victim would testify that was when Bagby said she would have to say the photo was for his wife.
In a recorded phone conversation between Bagby and his wife, his wife read allegations from the affidavit for the search of his phone. She told Bagby of another penis photograph being found on the victim’s phone. Bagby responded, “Oh no. I don’t know who those images are. I sent that one picture and that picture only. So whatever else she’s got in her phone, I told you, I think I told you she had all kinds of stuff in her phone. And that’s why I kinda figured she wouldn’t think that was a big deal. But I sent one picture and that was it.”
Bagby’s attorney agreed that the commonwealth’s summation was an accurate representation of the commonwealth’s evidence.
Sentence
Bagby was sentenced to the maximum of 12 months for contributing to the delinquency of a minor. For sexual battery, Bagby was sentenced to 12 months, all suspended for 12 months or until he completes required programs, whichever is later.
Bagby was allowed delayed reporting to jail, was to report on Feb. 19, and work release was authorized.Conditions of the suspended sentence are to be of good behavior and not violate any laws, enroll in and successfully complete local probation, be evaluated by a certified sex offender treatment provider and follow all recommendations, complete a mental health evaluation and follow all recommendations, and complete a substance abuse evaluation and follow all recommendations. Further, to not possess or use alcohol, illegal drugs, marijuana, CBD products, oils, or derivatives, or prescription drugs not prescribed to him, and to submit to drug and alcohol testing and screenings. Additionally, not to be employed by a school. Bagby is to have no contact with the victim or her immediate family, and is to pay court costs.
