OFFICE OF THE

DISTRICT ATTORNEY
P.O. Box 1748, Austin, TX 78767
MARGARET MOORE Telephone 512/854-9400 MINDY MONTFORD
DISTRICT ATTORNEY Telefax 512/854-4206 FIRST ASSISTANT

Former Austin Firefighter James Baker entered a plea of “Guilty” in the 450th District Court on
October 12, 2018, to an indictment charging him with the state jail felony offense of Invasive Visual
Recording. On November 2, 2018, Mr. Baker was sentenced, per the State’s recommendation, to a five
year deferred adjudication. That sentence is the maximum amount of community supervision allowed
by law. In exchange for that recommendation, Mr. Baker not only pled guilty but also agreed to
permanently surrender his credentials to be a firefighter, EMT, and EMT instructor. By entering into
this agreement instead of risking trial, the District Attorney gained the advantage of the assured finding
of guilt, the imposition of the maximum amount of community supervision, and the surrender of his
licensing. Mr. Baker will no longer be a firefighter or EMT. His guilty plea to a felony offense will
remain on his record for years beyond the term of his community supervision and will always be
accessible to law enforcement and licensing agencies.

Mr. Baker was accused of videotaping a female firefighter, without her permission, while she was in a
changing room at an Austin Fire Station. The recording did not depict any portion of the victim’s
anatomy below her neck. The recording was never viewed by the defendant or broadcast or
transmitted by him.

Mr. Baker has no criminal history; he submitted to an evaluation by a psychologist regularly relied
upon by the State, who concluded he was at low risk for re-offending.

The plea recommendation was negotiated after a full investigation by the Austin Police Department
and this office. That investigation did not develop any evidence of additional wrongdoing that would
be admissible against the defendant in a trial.

The victim was consulted before the plea offer was made. We fully understand that the victim is not
happy about the plea offer in this case, but our efforts to satisfy her demands had to be balanced
against our legal and ethical responsibility to see that justice is done. This balancing includes taking
into account the harm to the victim, the conduct, and the effect on the perpetrator.

This resolution addresses the legitimate objectives set forth in law: deterrence of this conduct by
others, rehabilitation, and punishment necessary to prevent likely recurrence by this individual.

Ronald Earle Building, 416 W. 11th Street, Austin, Texas 78701