Bizarre Davis Case of Man Arrested in Park Ends with Federal Plea Agreement

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Nicholas Robert Bowen, 63, of Grizzly Flat, pleaded guilty Thursday to receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.

The bizarre case began in Davis last year when Mr. Bowen brought Wenyi Xu, 30, who was sentenced in October to three years and eight months in state prison, to a Davis park.

Mr. Bowen then had her expose herself to 10- to 12-year-old boys while Bowen filmed using a spy camera built into his glasses. They were arrested by Davis police. A subsequent search of Mr. Bowen’s phone and computer discovered over 600 images and videos of minors engaged in sexually explicit conduct.

Mr. Bowen is scheduled to be sentenced by Judge Troy L. Nunley on February 19, 2015. Mr. Bowen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, according to a release from US Attorney Benjamin Wagner, “however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.”

This case is the product of an investigation by the Davis Police Department, the Yolo County District Attorney’s Office, and the Sacramento Internet Crimes Against Children (ICAC) Task Force. ICAC is a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant United States Attorney Todd A. Pickles is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims.

In October, Ms. Xu pleaded “no contest” to all twelve of the counts, which included conspiracy, lewd conduct, child annoyance, and disorderly conduct. Additionally, Ms. Xu took nude pictures of her toddler for Bowen’s enjoyment.

Judge Reed determined that Ms. Xu was participating willingly and was not doing it to advance her career, as she claimed. Ms. Xu was married and worked for the state of California when the crimes occurred.

On May 24, 2013, video evidence shows both Ms. Xu and Bowen at a Davis skate park observing a group of boys. Ms. Xu approached the boys with her dress unbuttoned, and began to participate in flashing the young boys. Bowen, whose voice is heard in the video, seems to be recording the exposure that is taking place.

Further evidence discovered by Investigator Pearson shows disturbing text messages exchanged between Xu and Bowen. On April 25, Xu was found sending a picture to Bowen of herself nude, at the edge of a bed, with her legs spread apart. Also in the group of text messages, Ms. Xu is found sending a picture of her own two-year-old, straddled nude in the same position at the edge of the same bed.

These pictures were then collaged and resent back to Ms. Xu from Bowen’s phone, along with a text message asking if Bowen can masturbate while looking at the picture of the two-year-old daughter nude. Ms. Xu responded back with agreement, showing that she was accepting the disturbing request presented by Bowen.

There were a total of 4,000 text messages exchanged between Mr. Bowen and Ms. Xu, many of which show acts of pedophilia. Although Xu claimed that there was nothing between them, digital evidence presented by Pearson shows otherwise.

The crime occurred in Davis as Davis Police responded to a call on a city-owned greenbelt near the Covell bike over-crossing on the north side of Community Park, after a worker in the area saw a female exposing herself to two passing juveniles.

Police would learn that, while the female exposed herself, a male who was with her took photos or video of the exhibition.

Officers responded to the area and located the male and female associated with the call. During the course of the investigation, it was discovered that Ms. Xu, of Folsom, had intentionally disrobed and exposed herself to two juveniles as they rode past her location on bicycles.

As Ms. Xu exposed herself, Mr. Bowen photographed or videoed the episode. When Ms. Xu exposed herself, one juvenile fell off his bicycle, but did not appear to be injured. The juvenile left the scene and has not been identified.

—David M. Greenwald reporting

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About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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15 thoughts on “Bizarre Davis Case of Man Arrested in Park Ends with Federal Plea Agreement”

  1. Davis Progressive

    “A subsequent search of Mr. Bowen’s phone and computer discovered over 600 images and videos of minors engaged in sexually explicit conduct.”

    so he gets 20 years for this.  now if he’s actually got images of kids that he molested or took himself, that makes sense.  if he’s just got images that he got off the internet, that seems excessive.

    1. Anon

      Except you have to couple that with the facts of what they were doing at the park – working together to have the woman exposing herself to children in the park.  Trust me, this most likely would have escalated beyond just flashing – it usually does.

    2. DanH

      “Nicholas Robert Bowen, 63, of Grizzly Flat, pleaded guilty Thursday to receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.”

      It is distribution of child pornography that will get him the most jail time.

    3. sisterhood

      Agreed.

      This man needs a lot of psychological treatment, but will he get that in prison? He should be in a mental institution, not a prison. The woman, too.

  2. Tia Will

    Does anyone have any additional information on Ms. Xu ?  I cannot help but wonder if she may not herself have grown up in a situation of child abuse or exploitation. As a gynecologist, I have seen a number of what we would consider aberrant sexual behaviors repeated across generations.

    1. Anon

      Let’s suppose that is the case – Ms. Xu was herself sexually abused.  That does not give her the right to do what she did.  It may explain why she did it, but does not excuse it.

      1. sisterhood

        IMHO, she got off light. she should be in a mental institution for a long time. She posed her own toddler in sexual positions for this creep. She deserves a longer sentence than him. If released, she should only have supervised visitation until the child becomes an adult.

        Where’s the girl’s father when all of this is taking place?

  3. Cecilia Escamilla-Greenwald

    Davis Progressive,

    The article states, “Nicholas Robert Bowen, 63, of Grizzly Flat, pleaded guilty Thursday to receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.”

    You ask if he should be locked up 20 years for this and I say, “YES!”  Upon further investigation it would not surprise me if they found more child porn or found more victim.

    Anon, Tia said she wondered if Ms. Xu was sexually abused herself and that is an important question to ask.  I don’t think she should be let off the hook.  On the contrary she needs to serve full time and receive therapy while in prison with mandatory follow-up therapy when she is let out.  “3 years and 8 months in state prison,” isn’t a lot of time and can go by even more quickly if she is let out early.  It breaks my heart that Ms. Xu’s child was subjected to this.  My hope is that they find a good home for the little girl and that she is getting the proper child therapy to deal with this.

    Great work Davis Police Department. And, a big thank you to the employee who saw this and made the phone call to the police department.  In my book that person is a hero!  I wish we had more people willing to speak up to protect children!

  4. Jerry Waszczuk

    Davis Progressive – “if he’s just got images that he got off the internet, that seems excessive.”

    Somebody need help here or  his computer HD needs to be check for child porn downloaded  from internet . This is sick .

    *************************************************************************************************

    From: Jaroslaw Waszczuk [mailto:jjw1980@live.com]
    Sent: Tuesday, December 9, 2014 12:52 AM
    To: ‘David M. Greenwald’
    Subject: Child Pornography in UCDMC HVAC Shop

    From: Jaroslaw Waszczuk [mailto:jjw1980@live.com]
    Sent: Tuesday, December 9, 2014 12:52 AM
    To: ‘David M. Greenwald’
    Subject: Child Pornography in UCDMC HVAC Shop

     

    Hello, Mr. Greenwald

     
    This case is still unresolved . Assigned UCDMC  Investigator Danesha Nichols (Now HR Labor Relation Supervisor in UC Davis Campus ) instead to report this porn felon on probation  to proper authorities, she wrote in her report that it is unknown whether he viewed porn sites on shop computer. This sick puppy should not be in shop at the first place but he was a very frequent guest with permission of supervisors and especially Assistant of the Department Head

    Regards ,
    Jerry

    *************************************************************************************************************

    IN THE UNITED STATES DISTRICT COURT

    FOR THE EASTERN DISTRICT OF CALIFORNIA
    Case 2:06-cr-00418-LKK Document 58 Filed 06/30/09 Page 3 of 19
    .” When agents executed a search warrant at the residence as a result of Mr. Lawson’s conduct, they spoke with Sean as well as with the others present. Sean was very cooperative and admitted possession of a wide variety of pornographic materials, including adult, teen and child pornography. Sean had downloaded a great deal of material of all types. Atwal Report at 5. He looked at all types of pornography. Id.
     
    SUPERVISED RELEASE
    Upon release from imprisonment, the defendant shall be on supervised release for a term of 54 months  .

    The defendant shall not possess or use a computer or any device that has access to any “on-line computer service” unless approved by the probation officer. This includes any Internet service provider, bulletin board system, or any other public or private computer network.

     
     

    Two days after Kenny Diede reported Child Pornography twice convicted felon  who  illegally was accessing the HVAC shop computer , I was removed from shop and the phony investigation was launched against me . My job was given to the father of  child porn felon . I never came back to work and I was fired on December 5, 2012 with the unsuccessful provocation to end my employment in UCDMC Trauma Unit # 11 on May 31, 2012 by especially assembled team nicknamed  “UC Davis Death Squad”

    Kenny was forced to quit his job after he  was denied his retaliation complaint by UC Davis Chief Compliance Officer Wendy Delmendo.  

     
    Fom: Kenny D.

    Plumber

    PO&M Department – UCDMC HVAC & Plumbing Shop

    E-mail:

    Cell Phone:

    August 28, 2011

    To: PO&M Manager Charles Witcher

     

    On August 25, 2011. I received my 2011 Employee Performance Report from Patrick Putney. After I reviewed my evaluation marked “Meets Expectations” as well as the attached, unsigned piece of paper with my name and inserted derogatory statements about me and my trade capabilities, I got outraged and very disappointed that I could receive such treatment from Patrick Putney

    Not so long ago there was a situation where I expressed my disgust to coworkers on my way up to make a complaint to Patrick Putney that one of our coworkers was bringing his son to the shop and letting him use the company computers. I believe because of this talk amongst us coworkers that happened prior to my complaint to Patrick Putney is why I received the remark suggesting that I do not communicate my concerns to my supervisors, which is as false and untrue as the previous remarks. The mentioned coworker has let it be known himself that his son is a  twice convicted child pornography felon. Everybody, for the most part, in the shop knows this. This person is prohibited by court order to touch any computer in his home or in any place.  My other coworkers are also very concerned about it but are hesitant to complain to Patrick Putney, who in my opinion is very vindictive if somebody complains about something that he does not like, because of possible retaliation. I and other coworkers have little kids and the presence of such a person in the shop is quite unwelcome. I am not sure at this point if the person who wrote the remarks about my concern with communication is trying to send me a message that they are unpleased with my complaint against my coworker’s son or not.

    Kenny Diede, Plumber

    UC Davis Medical Center

    PO&M Department – HVAC & Plumbing Shop

    E-mail: kenneth.diede@ucdmc.ucdavis.edu
    October 29, 2013

     

    Charles Witcher, Manager
    Plant Operations and Maintenance

    UC Davis Medical Center

    4800 2nd Street, Suite 1500
    Sacramento, CA 95817

    Re:  Resignation
    Dear Mr. Witcher:

     

    Hereby and for the record I informing you hat my last day of employment with University of California will be October 31, 2013.  I informed you and  HR Department on many occasions that employment  condition in HVAC shop became intolerable and miserable due continuous vicious and despicably  vindictive harassment and retaliation against me in last two years .

    I personally hold you Patrick Putney and Dorin Daniluc for unwarranted attacks and retaliation against me which caused me enormous stress and hardship for me and my family.

     Unfortunately my appeals to you and HR did not do any good and conflict got escalated to the point that I had no any other choice but look for employment elsewhere. I and my representative asked you, Director Mike Boyd and even Ms. Ann Madden Rice to transfer me to other department with no any response from you  Director Boyd or Ms. Rice.

     

    Sincerely ;

     Kenneth Diede

     
    *********************************************************************************************************************
     

     

  5. Jerry Waszczuk

     
    I was targeted twice within four years by the same UCDMC thugs, because my coworkers complained about pornography in our workplace. At the Central Plant, a complaint was filed about my manager, who notoriously watched porn on company time, and in retaliation, I was removed abruptly from the Central Plant. Four years later, in HVAC, my coworker complained about child pornography and the presence of a twice-convicted felon on the shop premises who illegally accessed the shop computer with a shop manager’s full knowledge and permission. Instead of a restraining order for this individual, the response my coworker received was vicious retaliation. Thereafter, I never obtained permission to return to work, and my job was given to the father of this criminal, who found a safe haven in the UCDMC PO&M Department and violated his parole without any fear.
     
     ********************************************************************************
    The first  porn case of  2006  investigated by Stephen  Chilcott , today UC Davis Health System HR Executive Director who supervised Danesha Nichols together with Wendy Delmendo in the second porn case .
    As I know in the first porn case thousand of porn images were found on the UC Davis Central Plant Manager computer . It was not disclosed whether child pornography was involved in UCDMC porn case of 2006.  Just few days after investigation was completed I and my coworker William Buckans became the target of vicious and despicable harassment and  retaliation by UCDMC PO&M Department and HR Management.
    *******************************************************************************************************

    Jaroslaw “Jerry” Waszczuk

    2216 Katzakian Way

    Lodi, CA 95242

    Phone: 209-339-1982

    Cell: 209-663-2977

    Fax: 209-247-1089

    E-mail: ucdmclaborchat@comcast.net

     

     May 30, 2013

    The Honorable Ralph J. Hexter

    Provost and Executive Vice Chancellor

    Mrak Hall, Fifth Floor

    University of California, Davis

    One Shields Avenue

    Davis, CA 95616

    Wendi Delmendo

    Chief Compliance Officer—General Campus

    Office of the Provost and Executive Vice Chancellor

    University of California, Davis

    1 Shields Avenue

    Davis, CA 95616

     

    Re: Response to your email dated May 14, 2013—Open Letter

           Subject: Retaliation complaint dated March 6, 2013

     

    Dear Ms. Delmendo:

     

    Thank you for your short response to the inquiry detailed in my letter dated May 5, 2013. I considered whether I should respond to your e-mail in light of your involvement in the termination of my employment with the University of California, according to documents I received under the Public Records Act. I do not believe that you were involved in the same capacity as Boyd, Chilcott, Lindsay, Witcher, Oropeza, and Seifert, but I found correspondence indicating your involvement.

     

    Today is my 62nd birthday and one year and one day from the planned provocation which, if successful, would have allowed the UC Davis “Terminators” to end my employment on May 31, 2012, in a completely different way than it was done on December 7, 2012. Thank God for watching over me and letting me enjoy another birthday and celebrate life, instead of my death by the evil forces at UC Davis.

     

    Due to the limited information I received under the Public Records Act, I still cannot determine who and why someone orchestrated “warlike hysteria” against me and wanted to terminate my employment by sending me to the UC Davis Medical Center (UCDMC) Trauma Unit on May 31, 2012. We both know why people are taken to the hospital’s Trauma Unit.

     

    I can only say that individuals, including the UCDMC legal counsel and Trauma Unit manager, were not listed without purpose in Hugh Parker’s email dated June 1, 2012, about my return to work after 10 months of absence, including work-related sick and administrative leave forced upon me by UCDMC Human Resources (HR) officers.   

      

    It is hard to believe that budget constraints dictated ending my employment with a bullet in my skull from the firearm of UC Police Department Lt. James Barbour or his deputy, taking into consideration the cost of ammunition versus keeping me from UCDMC campus and paying me $6,000.00 a month simply to babysit my dog, as the university did for six months before May 31, 2012 and another six months after May 31, 2013. The University of California paid me $72,000.00 of taxpayer money and another $70,000.00 to another employee who performed my job while I was not allowed to work and could only watch my dog. Perhaps the reason for Lt. Barbour’s use of his pistol was to reduce the expenses associated with my absence.

     

    So far, none of the three UC Davis investigators assigned to review my employment termination complaint have addressed this matter, which is still open. I await a satisfactory response and resolution. I am not sure how, as the UC Davis chief compliance officer, you could objectively handle my retaliation complaint, because you have actively supported the gangsters in the UCDMC’s HR and Plant Operations and Maintenance (PO&M) departments, who waged vicious war against not only me but also my coworkers who were not afraid to report what they saw at the UCDMC.

     

    I was targeted twice within four years by the same UCDMC thugs, because my coworkers complained about pornography in our workplace. At the Central Plant, a complaint was filed about my manager, who notoriously watched porn on company time, and in retaliation, I was removed abruptly from the Central Plant. Four years later, in HVAC, my coworker complained about child pornography and the presence of a twice-convicted felon on the shop premises who illegally accessed the shop computer with a shop manager’s full knowledge and permission. Instead of a restraining order for this individual, the response my coworker received was vicious retaliation. Thereafter, I never obtained permission to return to work, and my job was given to the father of this criminal, who found a safe haven in the UCDMC PO&M Department and violated his parole without any fear.

     

    Do not believe Danesha Nichols’ word in her falsified Investigatory Report that this sick-minded criminal was present in the HVAC shop only one or two times. This individual came to the shop quite often and acted as if he belonged there. No one complained openly about his presence until he got access to the computer. This statement is the truth.

     

    I do not know what to think about the porn issue and the retaliation for reporting it. It seems that we are dealing with some kind porn ring among UCDMC managers and that, if anyone reports it, an investigation is automatically launched to divert attention. In the first porn case, the manager who was caught was forced to resign but later invited and welcomed with open arms by Witcher to the Hospitals Engineers meeting held at the UCDMC. It thus appears that porn addicts and criminals are “Protected Classifications” in Nichols’, Oropeza’s, and Seifert’s reports,  the Notice Intent to Suspend, and the Notice Intent to Dismiss and that such individuals are “Most Welcomed” and the poster boys of the UC Davis Principles of Community.

     

    My wish and will are that the UC Davis chief compliance officer will distance herself from the UCDMC gangsters who, in the name of the University of California, the UC Regents, and UC Davis, vindictively and maliciously attack employees who have the courage and unafraid to report unlawful and criminal activities. On the name of God and the Bible, individuals such as Dorin Daniluc and Patrick Putney are cheating and stealing from their employer with the full knowledge of their manager and directors. They, together with their superiors, should report to correctional facilities rather than the University of California.  

     

    In conclusion, I would like to inform you that my Step II Appeal under PPSM 70 was final, and I will not file Step III Appeals. I await from your office information about the investigator assigned to the retaliation complaint which I filed with the Vice-Chancellor’s Office in March 2013.

     

     

    Sincerely,

     

     

    Jaroslaw Waszczuk

     

    Enclosure:

     

    CC: Travis Lindsey, Mark Yudof, Linda Katehi, UC Regents, Gina Harwood

     

  6. Jerry Waszczuk

     

    LARRY N. VANDERHOFY
    Chancellor el Davis.
    IN STRICT CONFIDENCE
    MR. WILLIAM BUCKANS 4245 Amapola Way Sacramento, CA 95823                         
    Dear Mr. Buckans:

    orricE Of THE CHANCELLOR
    ONE SEIIF1.13S AVENUE
    DAVIS. CALIFORNIA 95616-1558
    TELEPHONE (530) 752-2065
    FAX:          752.200
    August 27, 2007

     
     
     
    University Investigator Steven Chilcott has concluded his investigation into your allegations that your former supervisor, Central Plant Senior Superintendent Dan James, retaliated against you for making protected disclosures about health and safety issues and misconduct by Mr. James. Mr. Chilcott has concluded that your allegations are substantiated. While Mr. Chilcott noted that the retaliatory action, a letter of expectation, would not ordinarily be viewed as rising to the level of an adverse action subject to protections of the Whistleblower Protection Policy, Mr. Chilcott found that in this case the letter of expectation was part of a broader pattern of disparate treatment by Mr. James.
     
    I have accepted the findings and conclusions Included in Mr. Chilcott’s report. I understand that Mr. James has resigned his position with the University to accept employment elsewhere. Moreover, it is my understanding that the letter of expectation has been removed from your personnel file. Nevertheless, I am, by copy of this letter, asking Chief Executive Officer Rice and Executive Director Gloria Alvarado to review this matter further to determine if any additional corrective actions may be required.
     
    The University has an interest in providing a positive working and learning environment for all of our employees and students. Your assistance in bringing these matters to our attention is appreciated.
     
    Thank you.
     
    Sincerely,
     

     
    Larry N. Vanderhoef Chancellor
     

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