District says Cambridge student still enrolled after 2 felony charges for recording minors changing
Victim 'embarrassed and offended,' complaint says
CAMBRIDGE, Wis. — An 18-year-old from Cambridge was charged with two felonies after deputies said he recorded videos of two minors without their consent while lifeguarding at a Cambridge school.
Dane County court records show Avery Kendall, who was 17 at the time, was charged with two felony counts of capturing an intimate representation of a minor without consent.
Bernard Nikolay, superintendent for the School District of Cambridge, confirmed to News 3 Now that Kendall is still enrolled in the school district.
Nikolay sent a statement to the district saying:
The Cambridge School District does not comment publicly
According to court documents, Dane County sheriff’s deputies were dispatched to Cambridge Elementary School on Feb. 9. for a report of a person who had been recording another person while they were changing in the locker room.
Deputies said a female student lifeguard told Kendall, another student lifeguard at the elementary school, that she needed to change her clothes. She said that when Kendall left the bathroom, he told her the shower stall was wet and that she could close the door so she could change somewhere dry and did not have to change in the wet shower.
Court records show the female lifeguard told deputies that, as she started to undress, she noticed a cellphone on a table was recording her. Deputies said the victim told them the cellphone was propped up on Kendall’s jacket.
The victim said she went over to the cellphone and noted it had been recording, and the video file was between 1.5 to 2 minutes long, according to court documents. The girl said she stopped the video and deleted it from the phone.
She said she had not consented to being filmed and felt “embarrassed and offended.” She did not confront Kendall about the incident, according to the documents. She said they had not dated or hung out together, and he was two years ahead of her in school.
Court records show the deputy asked Kendall about the video, but he said he did not know anything about the recording, had never seen it and would never intentionally record someone. He told authorities he thought he had put his cellphone in his jacket.
Deputies said Kendall stated it could be possible that, as a result of him taking a picture of the pool and sending it to a friend, that he accidentally hit the record button.
When deputies searched Kendall’s phone, court records show they found a video made the same day showing a girl in various stages of nudity while changing her clothes. Deputies identified another female lifeguard as the girl shown in the video. The second victim told deputies she had not been aware of any recording devices and she had not consented to being filmed.
According to the complaint, deputies said that in the video, after the girl is done changing, she props the door to the locker room back open. A few minutes later, deputies said Kendall could be seen in the video reentering the room, grabbing the phone and shutting off the recording.
News 3 Now spoke with Adam Welch, who is representing Kendall, but he said he could not comment on the case.
News 3 Now also reached out to every member of the Cambridge Board of Education, but none responded to our request for comment.
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