Ogden, UT — Imagine for a moment that you are a 12-year-old girl about to get in the shower only to look up and find a camera spying on you in the bathroom. Your first thought would likely be fear, followed by anger, followed by the desire to hold the person accountable by going to the police. For one young girl in Utah, that is exactly what happened. However, it was not as easy to go to the police afterward as the person who allegedly put the camera in her bathroom — was a cop.
A top cop with the Weber County Sheriff's Office was arrested last Wednesday and charged with utterly disturbing crimes for spying on the little girl. Marc Swain, 47, is a crime scene investigator with the sheriff's office who has found himself on the other side of the law after his arrest last week on multiple counts of voyeurism and sexual exploitation of a minor.
Swain is accused of hiding a recording device in a bathroom used by a 12-year-old girl. The girl told her parents about the camera after she noticed a camera lens in various places moving around the bathroom every time she showered.
Before he was arrested, when Swain was questioned by someone who knows the girl, he reportedly told them that he accidentally left a "flash drive" in the bathroom that including a camera. Apparently, he "accidentally" left it in the bathroom — repeatedly and in different locations.
Because the alleged crimes took place in the county in which Swain is a cop, the Layton City Police Department was called in to conduct the investigation to prevent the conflict of interest.
Once the investigation was launched, Swain quickly caved to the pressure and admitted what he had been doing.
According to FOX 13:
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The complainant told police Swain had previously entered the bathroom and left before telling the girl to take a shower. She added that Swain had a pornography problem.
The girl says she noticed the flash drive with the camera in the bathroom on three occasions, each time in a position to see her in a period of undress.
A search warrant was served at the Ogden home of Swain and various electronic devices were seized. Swain was arrested Wednesday and admitted to making a bad decision by placing the recording device in the bathroom.
After Swain admitted to recording the 12-year-old girl — for over nine months — and recording images and video of her, he said he "quickly deleted them" because he knew he was wrong.
After his arrest, the department issued a canned statement about maintaining public trust and ensured concerned citizens they have nothing to worry about.
"We recognize the emotional impact on public trust which arises out of these circumstances. The Weber County Sheriff’s Office is committed to full cooperation with the investigating agency, ensuring due process, and maintaining public trust through transparency," said Sheriff Ryan Arbon.
While this case may seem crazy, we reported on another identical case just a few weeks ago. As TFTP reported in December, just like Swain, a Mandan police officer in North Dakota set up a camera in the exhaust fan of a bathroom to record a young girl getting in and out of the shower. The person alleged to have put the camera in the fan is 45-year-old Scott Warzecha. Warzecha was the main suspect because the camera in the fan was on a cellphone that belonged to the cop.
According to the Morton County Sheriff’s Office, the girl found the camera after a shower and when she looked on the phone, she found multiple videos of herself showering. The minor told deputies when they reviewed the 15-minutes of video, they could see themselves undressing and getting in and out of the shower.
Warzecha was charged with felony sex crimes against a child — one count of using a minor in a sexual performance and two counts of surreptitious intrusion.