Complaint: Man waited in stall as woman used bathroom, took pic as she pulled up pants

Former ATF agent gets $500 signature bond
Complaint: Man waited in stall as woman used bathroom, took pic as she pulled up pants

The former federal agent accused of taking pictures of a woman in a University of Wisconsin-Madison dorm received a signature bond in a Dane County Court hearing Thursday.

Justin T. Fahy, 27, is facing charges of attempting to capture an intimate representation without consent and disorderly conduct in an incident in a women’s restroom in Witte Hall on Dec. 15 .

Fahy wasn’t in court Thursday, but his attorney Jason Gonzalez appeared on his behalf. Fahy was given a $500 signature bond on the charges. He was also prohibited from being on UW-Madison property while he’s out on bond.

According to the criminal complaint filed Monday, a woman using a Witte Hall bathroom noticed a man’s legs in the stall next to her, then saw a hand holding a phone go under the stall as she pulled up her pants. She told police the phone’s display was facedown with the camera side up, but she didn’t hear any sounds coming from the phone. She left the bathroom and reported the man to Witte Hall staff.

The incident happened on the first floor of Witte Hall, an area that is open to the public. Residents must use their Wiscard or room key to gain access to residential floors.

The complaint said Fahy told the UWPD officer who responded to dorm that he was sorry for being in the women’s restroom and that he made a mistake. He told the officer he had come from Anytime Fitness and needed to use the restroom to change his clothes. The officer said Fahy was wearing athletic shoes, a jacket, tan and green shirt, black shorts and had a backpack that appeared to be full.

UW police said that Fahy was in the bathroom for at least 14 minutes, and that when officers examined his cellphone, they found he had recently deleted information and reverted the phone to a previous backup, which investigators believe was an attempt to hide evidence.

The front desk supervisor told police that Fahy told her he was on his lunch break and had parked his car across from Witte Hall.

Police also said Fahy identified himself as a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, but told the officer he didn’t want police to contact his supervisor because he didn’t want anyone to find out about the incident.

The ATF confirmed that Fahy had been employed with the agency, but five days after the incident at the dorm, the ATF said in a statement that he was no longer employed there .

Fahy is facing up to $11,000 in fines and a year in jail on both misdemeanor counts.