Bond revoked after Springdale man facing sex crimes charges is accused of going to pool where children were present

BENTONVILLE -- A local judge on Thursday found a Springdale man accused of sex crimes violated his bond release conditions by being at a swimming pool with children and having a cellphone. Benton County Circuit Judge Brad Karren presided over a hearing Thursday in Zachary Estep's criminal case and ordered him to be held without bond in the Benton County Jail. "I'm not going to stick my neck out for Mr. Estep after he's had these opportunities," Karren said.

Estep, 39, was not personally in court, but appeared via video. He held his hands together as if he was praying as Karren issued his ruling. He also cried and wiped away tears with one of his hands. Estep is accused in the affidavit of taking photographs of a child at a store and then commenting sexually about the child, Karren said during Thursday's hearing.

The affidavit states Estep took a photograph of a client's child and also made sexually related comments, Karren added. Estep is charged is charged with capital rape (attempt), internet stalking of a child, trafficking of persons (attempt), transportation of minors for prohibited sexual conduct (attempt), traveling for the purpose of an unlawful sex act with a minor and unlawful use of a communication device during the commission of a human trafficking offense. He previously pleaded not guilty to the charges. He's accused of communicating with an undercover Benton County sheriff's detective, who Estep thought was the mother of a 12-year-old girl, according to court documents.

Investigators reported Estep was attempting to meet the mother in order to have sex with her daughter. Estep was originally arrested in March, but released from jail after posting a $500,000 bond. Chief Deputy Prosecutor Joshua Robinson filed a motion to revoke Estep's release. Alison Nguyen, a detective with the Benton County Sheriff's Office, testified Thursday that she and another detective went to Estep's apartment complex in response to concerns Estep was frequently at the pool.

The detectives were at the apartment complex's pool Wednesday when Estep and his wife showed up and the children arrived later, Nguyen said. Robinson presented photographs of the couple at the pool, and two girls were in the water. Nguyen said two girls came to the pool, but said she believed they left after noticing a surveillance camera in the pool area. Robinson also presented surveillance video and video an employee at the complex took of Estep at the pool.

Nguyen testified Estep and his wife had their cellphones while the children were in the pool. Robinson also played a telephone call from the Benton County Jail between Estep and his wife. Estep said in the call he had not done anything wrong and went to the pool when nobody was there. He admitted in the call that going to the pool was a bad idea.

"I didn't do anything wrong, but it was stupid to go to the pool," Estep said. It's common sense for Estep to know he should not be at a pool near children, Robinson said. Robinson told the judge Estep had taken photographs of children in public and communicated about abusing the children. "I think he's an extremely dangerous person to have out in public," Robinson said.

Tom Marks, Estep's attorney, said his client did not willfully violate the judge's order, and understood he was not supposed to have any contact with any minors, but did not know it included not being within 1,500 feet of a minor. Marks said Estep believed an April 28 order prohibiting him from having no contact with minors superseded an April 15 order prohibiting Estep from being within 1,500 feet of any minor. Karren found prosecutors presented evidence proving Estep's actions were intentional instead of a mistake. "It is common sense that a private pool at an apartment complex that you are going to have minor children in the pool," Karren said.

Estep had been to the pool on prior occasions and knew children would be at the pool, the judge said. Karren said there's no evidence Estep disclosed to Marks about going to the pool, but believes Marks would have told him not to go to a private pool and be within 1,500 feet of any minors. Robinson requested Estep be held without bond, but recommended if the judge ordered a bond it be set at $5 million and Estep be required to pay $2.5 million before he's released from custody. "I would argue Estep might be the most dangerous person in the Benton County Jail right now," Robinson said.

"I know how many people are sitting there for capital murder." Robinson reminded the judge of a claim in the probable cause affidavit that Estep and his wife discussed going through in vitro fertilization in order to have a girl and planned to rape her and watch her be raped. Marks told the judge his client had been free on the $500,000 bond and had made no attempts to flee. Estep used awful judgment in going to the pool, but he did not not commit any new offenses, Marks said.

However, Karren found Estep is a risk to the community and ordered him to be held without bond. INITIAL INVESTIGATION The investigation into Estep began after a woman went to the Springdale Police Department to report her concerns about a phone conversation she was having with a person she knew as "Zach Contractor," according to a probable cause affidavit. She told police the man had paid for sexual experiences with her and saw a photo of her family on her cellphone, the affidavit states. The man, identified as Estep, asked the woman about spending time with her daughter, according to the affidavit.

The woman told Estep about being sexually abused as a child, and Estep sent messages about sexually abusing her daughter, the affidavit states. Estep and the woman exchanged sexually explicit messages about the child, according to the affidavit. The mother agreed to work with law enforcement, and the detective then started communicating with Estep instead of the child's mother, the affidavit states. Estep sent sexually explicit messages and images to an undercover detective, according to authorities.

The affidavit states Estep requested photos of the child and discussed paying to have sexual contact with the girl. Estep communicated with the undercover detective about arranging a meeting for him to have contact with the girl, according to the affidavit. Estep is charged with a capital crime, so Karren asked Robinson about the death penalty. The death penalty is not an option since Estep is charged with attempted capital rape, Robinson said.

"I've checked three times," Robinson said. "I can't ask for death." Tracy M. Neal can be reached by email at [email protected].