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Titusville man charged with video voyeurism; accused of recording boy in Publix bathroom

A Titusville man was arrested Monday after being accused of recording a child under a bathroom stall in a Publix store in Port St. John, the Sheriff’s Office said.

Mark Smith, 44, was being held Tuesday at Brevard County Jail on a charge of video voyeurism. His bond was set at $35,000.

No attorney was listed for Smith on the clerk of court’s website.

The Brevard County Sheriff’s Office responded to a report of voyeurism at the Publix on North Cocoa Boulevard in Port St. John May 17 just before 6:15 p.m., according to an arrest affidavit.

Deputies spoke to a woman and a boy. The woman said she let the boy go into the men’s restroom while she waited outside the door. She said the boy returned shortly after entering the bathroom and told her that a man had a camera on the floor of the boy’s bathroom stall and that the boy believed it was recording him.

The boy also described the incident to deputies, saying he saw a man leaning on the wall and recording on his phone, the affidavit said. He said he could see his own face moving around in the screen of the phone and that a red dot was lit in the corner of the screen, indicating that it was recording.

The woman confronted the man after he exited the bathroom, asking if he had a phone, the affidavit said. He replied: “I wouldn’t do anything like that, I didn’t do anything, I would never do that,” the woman told deputies, adding that she had not made any specific accusations.

The man ran to his car and left, the affidavit said. The woman was unable to get his vehicle tag, but described the vehicle for deputies.

Deputies reviewed security footage from Publix, which captured the incident outside the bathroom with the woman, the boy and the man, the affidavit said. The footage also showed the man leaving the store quickly and getting into a small white vehicle.

Between the initial call and Monday’s arrest, law enforcement officials compared the vehicle and still photo to information in Florida’s vehicle and driver database and were able to identify the man as Smith, the affidavit said. They also administered a photo line, during which Smith was identified.

Smith was arrested at the Days Inn off Cheney Highway in Titusville Monday.

Smith faced a previous charge of video voyeurism in May 2017. An employee at an undisclosed business in Cocoa found a cell phone in the ventilation system of the men’s bathroom actively video recording, an arrest affidavit said. Smith, who was employed there at the time, was seen in the video placing the phone in the ventilation system.

Adjudication was withheld in that case. In Florida, that means the judge orders probation but does not formally convict the defendant of a criminal offense.

In June, Qyran Ackerman, of Cocoa, was charged with eight counts of video voyeurism, stemming from incidents in the Walmart bathroom in Merritt Island. Ackerman was employed at the Walmart at the time of the accusation. He is being held at Brevard County Jail on a bond of $60,000

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This article first appeared on FloridaToday.com

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