DAVENPORT — Roy DeWitt, the former Davenport housing programs manager, wants a reduced sentence or, failing that, to take back his guilty plea to eight counts of invasion of privacy for placing a hidden camera in an employee-only bathroom at the city-owned Heritage High Rise apartments.
DeWitt, 47, of Pella, filed a motion Thursday in Scott County District Court through his attorney, Steve Hanna, six days after Judge Marlita Greve sentenced him to up to 16 years in prison.
In the motion, Hanna wrote that DeWitt’s written plea agreement had capped his sentence at up to six years in prison.
“That it is in the interest of justice that the sentence be modified to six years, or the defendant be allowed to withdraw his plea of guilty,” Hanna wrote in the motion.
The plea agreement stated that DeWitt’s guilty plea depended on the judge accepting the plea agreement.
Assistant Scott County Attorney Amy DeVine wrote in a response filed Friday the plea agreement stated that prosecutors agreed to cap their recommendation at six years but did not state the judge was bound to that cap.
“It was an open plea,” she wrote in the motion. “Therefore, the defendant was aware he faced the full sentence allowed under the law.”
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The motion to withdraw the guilty plea should have happened within 45 days of the plea or not later than five days before his sentencing hearing, she added.
A hearing date has not been set on the motion .
Davenport police launched an investigation at the high rise managed by DeWitt at 10:50 a.m. March 14,
They learned that DeWitt concealed a spyware digital movie camera in an employee bathroom that required key access where employees had reasonable expectation of privacy.
The camera was positioned in a manner to capture and record video for later playback to cause arousal and sexual gratification, according to the criminal complaint.
Eight people were recorded multiple times from approximately January 2017 through March 2018 without their consent. The camera, the complaint said, was positioned to record them in full or partial nudity.
Male and female staff members were recorded as well as DeWitt holding the camera in his hands. Deleted images from the hidden camera were recovered on a memory card on DeWitt’s personal cellphone, according to police.
DeWitt was fired March 19 after he failed to appear for an interview and pre-disciplinary meeting.