WEST BATH — A former Bath Bus Services driver who Bath police say posted inappropriate photos of students online was indicted Tuesday by a Sagadahoc County grand jury on two counts.

51-year-old Timothy McGowan was charged in May with violation of privacy, a Class D crime, for allegedly taking “upskirt” photos of Regional School Unit 1 and West Bath School students ranging in age from elementary to high school. In addition to that charge, the grand jury also indicted him on one count of possession of sexually explicit materials, a Class C crime.

According to the indictment, McGowan had an image or material depicting someone under the age of 12 years old engaged in sexually explicit conduct, leading to the Class C count. It was not immediately clear from court filings whether the underage individual or individuals in the sexually explicit images were from the Bath area.

Maine State Police were initially tipped off by Homeland Security, which claimed that a Maine bus driver was uploading photos of students to a foreign website. Following a week-long investigation by the Maine State Police Computer Crimes Unit and Bath Police Department, investigators narrowed down possible suspects to a bus driver from the Bath area, which ultimately led them to McGowan.

McGowan was charged with violation of privacy and interviewed by police, while some of his electronic devices were searched by the state police Computer Crimes Unit. Images on those devices were matched with images on the website, according to court records.

Because a violation of privacy is only a misdemeanor, McGowan was not arrested. He was put on leave by Bath Bus Service, and according to court filings now resides in Texas, with no social or business ties to Maine. He is being represented by Handelman & Mason of Brunswick.

McGowan pleaded not guilty in June.

Violation of privacy is a Class D misdemeanor punishable by up to 364 days incarceration and a $2,000 fine. Possession of sexually explicit materials is a Class C crime punishable by up to five years incarceration and a $5,000 fine.

McGowan is expected back in court Jan. 9 for a dispositional conference.

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