BISBEE — A Sierra Vista man accused of asking a minor to help him take sexually explicit photographs of himself will remain in the county jail on a no-bail order until at least March 18, after a bail eligibility hearing was canceled Wednesday.
David Leroy Nowak was arrested March 6 after a Sierra Vista detective obtained a court order to photograph Nowak’s genitals for comparison to three images the minor claims to have taken at Nowak’s request. He is charged with sexual conduct with a minor, indecent exposure, involving a minor in a drug offense, and providing obscene material to a minor.
Nowak, 38, is scheduled for a preliminary hearing next week to determine if probable cause exists to take the case to trial, and if so, whether Nowak can be released from custody pending that trial.
Court records show Nowak came under investigation last month after the minor showed a police officer the images of a man holding his genitals while seated in a walker-assist chair like one Nowak uses. The photographs also show distinctive markings on the man’s thighs, according to a probable cause statement written by Detective Joshua Nicola.
Nowak told Nicola he had no knowledge of how or when the photographs were taken and asserted that someone has tried to “set him up” with false accusations. This prompted the detective to obtain a court order allowing him to take photographs of Nowak’s genitals for a comparison to the images provided by the minor.
After securing the new photographs, Nicola conducted a follow-up interview with Nowak, who conceded the images taken by the minor were of his genitals. Nowak was arrested a short time later.
“He went on to say someone must have secretly taken the photographs without him seeing,” Nicola wrote. “He continued to deny knowing or allowing anyone to take the pictures.”
Police obtained additional information that Nowak purportedly provided alcohol to a minor, allowed a minor to use marijuana in his home, and enticed a minor to assist him with sexual stimulation. Those acts are the basis of the other charges contained in the criminal complaint.