MANSFIELD — The former mayor of Butler has been found guilty of disorderly conduct after he was caught on video sniffing the underwear of a minor in his care.
Wesley Dingus, 49, plead guilty to an amended charge of two counts of disorderly conduct, both fourth-degree misdemeanors, in Mansfield Municipal Court on Friday.
The amended charges were submitted by the state of Ohio in lieu of a bench trial, which was previously scheduled for Friday morning after Dingus waived his right to a trial by jury.
Visiting Judge James Kimbler waived a pre-sentence investigation and sentenced Dingus to one year of supervision with a suspended 30-day jail sentence, meaning Dingus won’t have to serve time in jail if he complies with the conditions of his probation.
The judge ordered that Dingus have no contact with the victim during his probationary period. While he did not issue a fine, Kimbler did order that Dingus pay court fees.
Kimbler also requested Dingus complete a program for people who commit similar offenses.
“As the judge mentioned, there are programs he’s aware of in other counties that, as far as probation and counseling and therapy, more relate to this kind of behavior,” said prosecuting attorney Robert Sharp III of the Mansfield Law Director’s Office.
“I’m going to work with the probation department here to determine which agency is best suited for that and that will likely be a requirement for them as a condition of probation,” he said.
Dingus had previously waived his right to a trial by jury, meaning a judge would rule on the matter rather than a group of his peers.
Under Ohio law, disorderly conduct is defined as causing inconvenience, annoyance or alarm to another person.
Dingus had originally been charged with two counts of misdemeanor voyeurism in February, following an investigation by the Richland County Sheriff’s Office.
A conviction on voyeurism charges would have required Dingus to register as a sex offender.
Victim said Dingus’ actions made her feel violated and vulnerable
Both Dingus and his victim were present in court and made statements.
The victim said that before the incident, Dingus was someone she believed was supposed to protect her and her siblings.
“When I saw what Wesley was doing, I felt disgusted, shocked, hurt, humiliated, violated, and vulnerable,” the victim said. “It changed the way I looked at people, the way I trusted others, and even the way I feel in places where I once felt comfortable.”
The victim told the court Dingus’ actions had destroyed the last year of her life, tore her family apart and prompted her to move out of Butler.
“I could no longer hear people talk about what happened, seeing the stares, or constantly being reminded of something I never asked to experience,” she said.
“I had to distance myself from people I grew up with and people that I cared about. A community I once had been proud of. I should never have had to be the one to leave or change my entire life because of someone else’s actions,” she said.
She told the court that it had been 304 days since the first video of Dingus’ actions was captured, but the hurt remained.
“I will continue to heal. I will continue to rebuild and create the life I had to start over. I refuse to let what happened define the rest of my life,” she said. “However, I also refuse to pretend that it did not change me.”
During a brief statement, Dingus apologized to the victim, his family and the court.
“This will never happen again,” Dingus said. “I will lead a productive life, hopefully like I was before, and be a law-abiding citizen.”
Kimbler kept his comments during sentencing brief.
“Quite frankly, there’s nothing I can say that would be better than what was said to the victim in this case,” he said.
Defense attorney said Dingus ‘is remorseful’ over his actions
Defense attorney James Mayer III said the amended charge was the result of lengthy negotiations with prosecutors and discussions with the court.
Both he and prosecuting attorney Robert Sharp III of the Mansfield Law Director’s Office said a trial would have hinged on whether or not the offense met the legal definition of voyeurism.
“The victim in this case was not present when the alleged conduct occurred. Most typically, that is how that charge is prosecuted is that someone is spying upon another, whether it’s through a peephole, through a window, or something of the sort,” Sharp said.
“We thought this was a good resolution. (The victim) is ready to move on with her life. We had her full blessing and consent upon this plea.”
Mayer expressed confidence that his client would abide by the terms of his probation.
“I think that today’s guilty pleas do reflect an acceptance of responsibility on his part, and he is remorseful for his conduct,” he added.
Kimbler, a retired Medina County Common Pleas Court judge, was assigned by the Ohio Supreme Court, was assigned to the case after municipal court judges Michael Kemerer and David Badnell recused themselves from the case.
Attorneys on both sides of the case requested a visiting judge in July, citing the fact that Dingus had previously served as an elected official affiliated with the same political party Kemerer, who was initially assigned to the case.
Dingus was appointed mayor of Butler in 2022 and successfully ran to retain his seat the following year. He resigned from his post a week after voyeurism charges were filed against him.
Kimbler was also the visiting judge in an unrelated against Dingus in Richland County Court last week.
