DUBOIS – A Sykesville man is facing 29 misdemeanor counts of invasion of privacy for allegedly taking photos of men without their knowledge in public restrooms.
Austin Marsico, 24, was charged by Sandy Township police after an encounter with him on Jan. 6 at the Pilot Travel Center.
According to the affidavit, a man using the restroom noticed a cell phone slide from a neighboring stall onto his side and the person using it was trying to take a photo of him.
This victim left the stall and knocked on the door of the other stall where the phone was located. Unable to make contact, the victim left the restroom and waited outside with another man for the suspect to exit.
Once he came out, there was a verbal confirmation with the two men and the suspect which continued into the parking lot.
The victim was able to get a photo of the suspect’s license plate as he drove away. He tried following the suspect, but police advised him to return to the travel center.
A staff member of the business found a cell phone hidden behind one of the toilets in the restroom, which matched the description of the phone given by the victim.
The suspect returned to the site and went back into the restroom. When he came out, police spoke with him, asking if he had been there 20 minutes before and if he was involved in an altercation with the two men. He confirmed that he had.
The suspect, identified as Marsico, said he came back because he left his phone in the restroom.
He advised he was parked at another business across the street and only walked back over for his phone. He was taken to the other business by police and allowed to drive back to the center.
Marsico was given his Miranda warnings and he agreed to speak with the officers. He denied taking any photos of the victim and having any images of this type on his phone.
But he gave permission for police to check his cell phone and unlocked it for them.
An officer was then reportedly able to find a multitude of photos of people in bathroom stalls, which appeared to be in public restrooms.
“The images show people in a state of undress and partial nudity as such would be associated with using a restroom.”
Marsico denied taking any photos of the victim at this location but “admitted to using his phone camera to view images of him while in the bathroom stall.”
The other photos Marsico said were taken at other times at the travel center and at Planet Fitness in Sandy Township. Further investigation concluded some of the photos were taken at Walmart on Industrial Drive.
In a follow-up interview, Marsico stated the photos were taken between mid-December and Jan. 6 with the purpose of gratifying his sexual desires, according to the criminal complaint.
In total 14 victims were found in the photos with police only able to identify four of them.
On Friday, Marsico waived his right to a preliminary hearing during centralized court, sending the case on to the court of common pleas. He is free on $10,000, unsecured bail.
