“It’s an arduous process of matching up places and people,” he said.
Without being able to identify where the remaining photos were taken, prosecutors are only charging Wagner based on photos where the location can be identified as the YMCA locker room.
A grand jury returned indictments on one misdemeanor and two felony counts of voyeurism and arrest warrants were issued Monday.
The fifth-degree felony charges allege that a child was involved.
Woodard said police did not find any evidence that Wagner was disseminating the photos and he has no prior arrests for voyeurism or sexually orientated crimes.
Wagner was identified by a YMCA patron who first called to complain Jan. 19.
According to the YMCA of Greater Dayton Code of Conduct, no visual recording devices are allowed in the YMCA without the consent of the executive director.
Although the code does not specifically ban cell phone use in the locker rooms, it warns patrons that some cell phones have the ability to take pictures. “For your own safety and the safety of others, please be aware if someone is using a cell phone within your vicinity,” the YMCA handbook states.
Greg Flannagan, Montgomery County Prosecutor’s Office spokesman, said Wagner is to be arraigned Sept. 9.
He said if the victims and places in the remaining photos are identified, additional charges can be brought.
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