Authorities allege a 35-year-old Florida man publicly exposed and touched himself at a Cody store while covertly following a female customer.

Emmanuel C. Birdens is facing a felony count of attempted third-degree sexual assault and a misdemeanor count of public indecency in connection with the Aug. 28 incident. A prosecutor says Cody police have found video footage that suggests Birdens may have committed similar acts earlier this year.

“Based on the allegations, the state has very serious concerns about community safety,” Deputy Park County Prosecuting Attorney Marina Tucker said at a Friday hearing.

At her recommendation, Circuit Court Judge Joey Darrah set Birdens’ bond at $25,000 cash. Birdens remained in custody on Monday, though, because of the sexual nature of the charges, he does not appear on the public version of the Park County Detention Center’s inmate roster.

Reviewing surveillance footage

Charging documents say staff at the Cody Walmart contacted police around 4:45 p.m. on Aug. 28, after an employee reportedly witnessed a man near the children’s toy aisle with his genitals exposed.

A Walmart staffer pointed out the suspect’s vehicle to responding officers, and Sgt. John Harris caught up with the Ford Mustang a short distance from the store. After identifying himself, Birdens reportedly acknowledged that he’d been in the toy aisle, but said, “I did not expose myself.”

Though an initial review of surveillance footage confirmed that Birdens had been in that area, “the video did not appear to show Birdens with his genitals exposed,” Harris wrote in an affidavit, and the suspect was allowed to leave.

However, the affidavit says Walmart personnel later discovered more damning footage of a separate incident in the store’s book section.

According to Harris’s recounting of the video, it shows Birdens slowly following an older woman while stimulating himself.

“Birdens appeared to be very focused on the woman as he intermittently looked around to see if anyone was looking,” Harris wrote, and appears to be recording himself on a cellphone.

Birdens eventually walked within a few inches of the woman and — in clear view of the camera — appeared to openly touch himself before walking away, the affidavit says; there’s no indication the woman was aware of what was happening.

Park County prosecutors filed a public indecency charge and obtained a warrant for Birdens’ arrest on Sept. 3. He was taken into custody the following day.

After his arrest, Birdens allegedly admitted that he was trying to ejaculate on the woman, explaining it “was something he has seen in pornography and he wanted to try it,” Det. Tyler Eubanks wrote in a later affidavit.

The attempted third-degree sexual assault charge alleges that Birdens tried to subject the woman to sexual contact.

Investigation continues

When Cody police reviewed portions of Birdens’ phone, they reportedly found three recently deleted videos that bore similarities to last month’s incident. Two videos, apparently recorded on May 23, appear to show Birdens closely following another woman as she walks through Walmart; the other, recorded in June, shows Birdens walking up behind another woman as she walks along a path in Yellowstone National Park, police say. 

Birdens allegedly told police that he did not expose himself or attempt to perform any sex acts during those three earlier events.

In court on Friday, prosecutor Tucker described the case as an ongoing investigation.

“The state has very, very serious concerns about the extent of this, and the nature of these allegations,” she said. Tucker also expressed concern that Birdens, who is reportedly in the area for seasonal work, could pose a flight risk.

Birdens specifically disputed that contention in a brief comment to the court.

“If I wanted to run, I would have already run,” he said.

Charging documents quote Birdens as admitting that he made a “bad decision” during the Aug. 28 incident, reportedly telling police that he knew it was only a matter of time before he was arrested.

Judge Darrah ultimately adopted the prosecution’s bond recommendations. If Birdens is able to post the $25,000, he’ll need to stay in Wyoming and not visit any Walmart stores while the case is pending. Although Birdens apparently qualifies for a court-appointed attorney, he indicated that he plans to hire his own counsel.

A preliminary hearing is tentatively set for Sept. 15.