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Incarcerated “Upskirting” suspect attempts suicide, bond raised as more victims are discovered

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A new amended criminal complaint was filed in court yesterday against David L. Earley, the rural Sheboygan Falls man who was charged May 30, 2019 with capturing intimate videos of women at a company and department store in Kohler.

Earley had captured recorded video up women’s dresses at both the company he worked for in Kohler, as well as a Kohler department store. He also filmed some female employees at the company taking showers in shower rooms provided by the company, as well as one woman extracting breast milk in a room at the company that is designated for nursing mothers and first responders. (The business names are not identified in the criminal complaints).

A new bond hearing was also held, with the bond increased to $125,000 from the previous amount of $50,000. Earley has remained incarcerated since the initial arrest and was never out on bond.

The ongoing investigation by the Kohler Police Department discovered 10 more victims from the previously reported five, raising the original charges of four counts of Invasion of Privacy and one count of Capture an Intimate Representation Without Consent, to nine counts of Invasion of Privacy and six counts of Capture an Intimate Representation Without Consent, for a total of 15 felony charges against Earley at this point.

In all, there have been five victims filmed in the shower, nine victims who were filmed up their dresses, and one victim filmed while extracting milk in the nursing/first responders’ room. One of the shower victims had been an intern at the company. More victims may be discovered as the investigation continues.

According to the amended criminal complaint, one of Earley’s female co-workers told investigators that she had an uneasy feeling about Earley, who she said seemed to be always waiting in the vestibule and would walk upstairs behind her for the prior two months. The investigation revealed that Earley provided invitations to the showers at the business to co-workers, and had requested access to the nursing/first responders’ room in the event that were after-hours emergencies.

Letters that Earley had written were discovered, including one addressed to the State of Wisconsin and another to the victims of his crimes. In his letter to the State of Wisconsin, Earley wrote in part, “. . . I am guilty of all that you are intending to charge me with . . .” In his letter to victims he wrote in part, “. . . I am sorry I violated your privacy. I intended you no harm, and was only trying to satisfy my own perversions. Please know that I never attempted to post or publicize any of the videos that I had taken, the videos were only viewed by myself . . .”

Whether the videos have or have not been shared anywhere, is still being investigated.

The amended complaint also shows that on June 6, 2019, Earley attempted to take his own life at the Sheboygan County Detention Center one week after he had been incarcerated.



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