(Stillwater, Okla.) — A Stillwater man — whose iPhone reportedly had hundreds of photos showing women’s bottoms — was arraigned Monday on an allegation he followed a shopper in a Walmart store and used his iPhone to secretly take pictures up her skirt.
If convicted of using his iPhone to store clandestine photographs of victims’ private parts while they were in public places, Olen Edward Weaver II, 40, could be given a five-year prison term and a $5,000 fine.
If convicted of an additional count of taking clandestine photographs up the skirt of a woman while she was shopping in Walmart on N. Perkins Road in Stillwater, Weaver could be incarcerated for one year and fined $5,000.
Weaver appeared in court Monday without an attorney and was ordered to return on Nov. 4 with counsel to represent him on the two-count felony charge, court records show.
Three Stillwater police officers were dispatched to the Stillwater Walmart on N. Perkins Road at 6:38 p.m. on Sept. 18 on a report of “a male taking photos up a female’s skirt,” Stillwater Police Detective Sgt. Jeff Watts wrote in an affidavit filed Oct. 2.
A female witness told Officer Kurt Merrill she saw a man, later identified as Weaver, staring intently at a woman while she was shopping, the affidavit alleged.
She said that while the woman was shopping near the snack aisle, “Olen crouched down near her and was taking photos with his cell phone pointed up (the shopper’s) skirt,” the affidavit alleged.
The witness said that whenever the shopper “was moving around the store, Olen continued to follow her,” the affidavit alleged.
The shopper “told Officer Merrill she had no idea Olen was taking photographs up her skirt while she was shopping,” and wanted to pursue charges against him, the affidavit alleged.
After the witness pointed out the man, “Officer Merrill asked to see Olen’s cell phone. Olen refused to show Officer Merrill his phone. Officer Merrill told Olen he was going to seize his cell phone as evidence of a crime,” the affidavit alleged.
Officer William Cluck “told Olen he was going to advise him of his rights before he talked with him further. As Officer Cluck was removing his Miranda warning card from his uniform shirt pocket, Olen spontaneously stated ‘there is going to be a picture on my phone,"” the affidavit alleged.
“Officer Cluck reported Olen told him he did take a picture up (the shopper’s) skirt. Olen told Officer Cluck he often takes pictures of pretty girls’ ‘butts,"” the affidavit alleged.
“Officer Cluck asked Olen if there would be any pictures on his phone that were taken up other women’s skirts. Olen told Officer Cluck he was not sure,” the affidavit alleged.
“While Officer Cluck and Officer Merrill were talking with Olen, Olen gave them permission to look at the pictures on his phone.
“Officer Merrill opened the photo app on Olen’s phone, an iPhone 5, and observed photos of women’s buttocks that appeared to have been taken in Walmart. He further observed what appeared to be a photo taken up (the shopper’s) skirt,” based on the clothing she was wearing, the affidavit alleged.
“The officers reported there were additional pictures on the phone, but they did not look at them. While the officers were talking with Olen, he stated ‘I had my phone out texting a friend and saw a stupid opportunity,"” the affidavit alleged.
In a written statement, “Olen admits that he did take a picture up a girl’s skirt while he was in Walmart,” the affidavit alleged.
His cell phone was seized and placed into evidence pending a search warrant to search the phone itself for evidence, the affidavit said.
The following day, the detective sergeant obtained a warrant to search the defendant’s cell phone for digital images of the shopper “and other females taken in a clandestine manner,” the affidavit alleged.
When the detective sergeant viewed the digital images stored on the defendant’s cell phone, he saw several images of the woman matching the shopper’s description, the affidavit alleged.
“At least two of the digital images were taken at an upward angle from close to floor level,” showing the shopper’s panties covering her genital area under her skirt, the affidavit alleged.
In addition to the images of the shopper, the detective sergeant alleged he observed “there were hundreds of photos of women’s bottoms.
“The photos appear to have been taken in public places such as retail stores and shopping centers. There were several photos that had been taken up women’s skirts,” the affidavit alleged.
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