Man Arrested in Los Gatos on Suspicion of Rape of Disabled, Child Molestation

Los Gatos-Monte Sereno Police have arrested a San Jose man who was charged today with sexually molesting two young girls in his care at a care facility in town, as well as an 18-year-old woman with the mental age of a kindergartner who he assaulted after buying her sweets.

Waking Bailey, 33, was arrested June 14 and charged Monday with three counts of a lewd act on a child and one count of rape of an incapable person—all felonies.

He's in custody on a $500,000 bail. His arraignment is scheduled for Tuesday afternoon, June 19 in Department 23 of the San Jose Hall of Justice. If convicted on the current charges, he could face 53 years to life in prison.

Law enforcement are concerned there are other victims. Bailey has worked with vulnerable children for years, they said. The two young victims lived in the Los Gatos facility, said Santa Clara County Deputy District Attorney Marisa McKeown.

“Bailey chose his victims because they were especially vulnerable. He targeted and took advantage of not just kids, but victims with special needs,’’ said McKeown, who is prosecuting the case. “We encourage the public to provide whatever information they have on other possible victims so he can be held accountable for his predatory behavior."

For four years, until he was put on leave last year, Bailey worked as a staff member at Eastfield Ming Quong (EMQ), a facility in Los Gatos which houses children who are dependents of the court and is located at 499 Loma Alta Ave. In 2009, a 12-year-old girl said that Bailey had come into her room at night and assaulted her.

As a staff member he worked as a one-on-one counselor with children, played games with them and cared for their basic needs such as changing their bed sheets. He was not a teacher or counselor, but he did work on a personal basis with clients. He was the caregiver for both girls who were allegedly molested, McKeown said.

In 2011, a girl at EMQ said that during a period of three years Bailey had molested her in her room. The victim said that Bailey showed her explicit videos on his iPhone to show her what to do. The girl, who came from multiple foster homes, was between six and nine years old during the crimes.

Bailey also worked at AchieveKids, a facility for the developmentally disabled in San Jose. In August of last year, he took an 18-year-old developmentally disabled student to a football game with his wife and children. After dropping off his family, he sexually assaulted her. The woman has the mental age of about a 5 or a 6–year-old. AchieveKids continued to employ Bailey after learning he was on leave from EMQ.

"It's very early in the investigation," McKeown added. "We're hoping that the public will provide us with further information because we do know he had access to many, many, many children since he worked at many facilities with children. In those kinds of situations we do see more victims. If people read about this, we hope they'll come forward."

If anyone has any information about these allegations, please contact McKeown at 408-792-2608.