Wade Allen Bigall, 59, entered a plea agreement Friday after placing a camera in a unisex bathroom inside his Element Window and Door store at 360 South Camino del Rio, Suite 200, south of downtown Durango.
Bigall plead guilty to four counts of invasion of privacy for sexual gratification and will serve 10 days in jail as a condition of the agreement. Bigall must also register as a sex offender, abide by protection orders and undergo an evaluation for treatment.
Sixth Judicial District Judge Todd Norvell accepted the plea.
Four times, Norvell asked, “How do you plead?”
Four times, Bigall responded, “Guilty, your honor,” in the formal proceedings.
Police served Bigall with a summons in April 2021 for a camera that was strategically placed to take photographs and record videos of people in the bathroom, Detective Sgt. Bobby Taylor with the Durango Police Department told The Durango Herald in May.
Someone commits invasion of privacy for sexual gratification if they “knowingly observe or take a photograph of another person’s intimate parts without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy,” according to Colorado law.
“This was definitely not normal surveillance, and you wouldn’t put that in a restroom anyway,” Taylor said. “This was definitely a hidden recording device.”
DPD first learned of the camera in March 2021, though it had already been removed from the bathroom.
Bigall cooperated with investigators and turned over a laptop computer, allowing them to access the device.
Forensic examination following a search warrant for Bigall’s electronic devices revealed still photographs and short videos of people in the bathroom from 2020 and 2021, according to DPD.
Police were able to identify where the camera had been hidden by reviewing footage from the camera.
Police identified four victims, three women and one man, Taylor said.
Those victims filed a lawsuit against Bigall in District Court in April 2021, accusing Bigall of emotional distress and invasion of privacy.
Matthew Campbell, an attorney for the victims, welcomed the guilty plea.
“Our clients are really relieved that justice has been served,” he said. “Mr. Bigall is going to be held accountable for his disgusting actions.”
A judge suspended the lawsuit against Bigall until his criminal case finished. Lawyers for the victims hope the case can now move ahead.
“We’re going to be seeking to start the civil case as soon as possible,” Campbell said.
As Class 1 misdemeanors, Bigall faced up to two years in jail and a $5,000 fine for each of the four counts.
Bigall’s sentencing hearing is scheduled for 10 a.m. April 8.
ahannon@durangoherald.com
