Madison (WKOW) - A former agent with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives pleaded guilty June 15 to a misdemeanor count of attempting to capture an intimate representation after he was arrested for trying to take photos in a UW residence hall women's bathroom.
Justin T. Fahy, 27, was sentenced to probation for 12 months and will be required to undergo a psychological exam as well as counseling. Fahy, was arrested Dec. 15, 2017 after police were called to Witte Residence Hall around 2:45 p.m. for a report of a man taking photos in a first floor women’s restroom.
Court records say Fahy identified himself as a Federal Special Agent at the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
"He explained to us there was a misunderstanding and he had mistakenly went into the wrong restroom," said Marc Lovicott, the communications director for UWPD.
Officers didn't buy Fahy's excuse. UW-Madison police got search warrants and looked at the man's phone and security footage from the residence hall. They found he was in the women's restroom for at least 14 minutes.
Police also had reason to believe Fahy may have tried deleting any pictures that were taken.
"He had recently reset or backed up his phone to a previous time this year, indicating to us that he was trying to get rid of evidence," Lovicott said.
The first floor of the building is a common space and open without need of a school ID during certain hours. UWPD says they'll review that to insure security.
The Bureau of Alcohol, Tobacco, Firearms and Explosives terminated Fahy after he was accused of secretly taking the photos.