VIRGINIA BEACH, Va. — The director of a daycare camp in Virginia Beach remains out on bond after he allegedly told a child to expose himself and pee in a bottle.
43-year-old David Flagler was given bond earlier this week for his one charge of indecent liberties with a child but an appeal hearing was made on Friday. The incident happened at a JCC camp at the Simon Family Jewish Community Center's daycare facility.
During Friday's hearing an assistant to the Commonwealth's Attorney told a judge the incident happened back on New Year's Eve after all other children had left the camp for the day. They said Flagler allegedly asked a 7-year-old boy to put on a donkey mask and go pee under his desk. After the child went under Flagler's desk he allegedly told the child to pee in a bottle.
Watch related coverage: VB camp director arrested, accused of indecent liberties with a child: VBPD
Prosecutors says the child felt uncomfortable under the desk and Flagler told the child to pee in the bottle in the bathroom.
Flagler's attorney's argued this was about getting the child to not have an accident and not self-gratification. He said the alleged victim had been at the JCC daycare camp program for several years now and was known to have issues with using the bathroom.
Flagler's defense said the child has ADHD and aphasia, which affects a child's ability to speak. He stated that the mother of the child was running late that day and Flagler thought the child needed to use the bathroom.
His attorney said the mask is something the child plays with and tried to use it as a redirect for the child to use the bathroom. The defense argued Flagler wasn't even in the bathroom when the child actually peed and that surveillance video will help with that claim.
Flagler's attorney called Bett Ann Levin — the CEO of the United Jewish Federation of Tidewater, the organization that oversees the camp — as a witness. She told the judge that Flagler has a sterling reputation within the organization and has been with JCC camp for the last five years.
Levin said there is documentation on the incident of the child having accidents at the camp with the latest one happening this past summer. She also said their is documentation where the child told Flagler toilet flushing makes him anxious.
The commonwealth asked Levin if camp staff deal have dealth with this situation in a similar way before, to which Levin said no and that she believes Flagler acknowledged the mistake.
The judge decided to leave Flagler's bond as it is. He must stay at home, except when traveling to visit his parents in Florida, and he is not allowed to have contact with minors.
Flagler's preliminary hearing is set for March 24th.
