Custodian Accused Of Hiding Bathroom Camera Has Criminal History

NORTHFIELD, IL — The custodian accused of hiding a cellphone in a staff bathroom at the Northfield elementary school where he worked has a criminal record, records show, but that did not prevent two district contractors from hiring him.

David Garcia-Espinal, 40, of Highwood, was arrested in August 2012 by Glenview police and charged with disorderly conduct and possession of a fraudulent identification card, according to court records. At the time, he was booked using the name David Garcia.

According to police reports, Garcia-Espinal admitted to masturbating inside the women's bathrooms at movie theaters in Glenview and Northbrook. At the time, Garcia-Espinal was working at Sunset Foods in Northbrook and using the name Nelson Pagan-Archeval. Police said he also admitted to paying $250 for fake social security cards, resident alien cards and a permanent resident cards from someone "for work."

Glenview police got a report that a man was seen and heard touching his genitals in a stall at the Regal Cinemas, 1850 Tower Drive, during the 10 p.m. showing of "Rock of Ages" on June 15, 2012. Security cameras captured images of a man later identified as Garcia-Espinal entering and exiting the bathroom, police reported. On Aug. 3, 2012, a detective from Northbrook informed his counterpart in Glenview that Garcia-Espinal had been named as a suspect in two similar incidents involving the women's room at a movie theater in Northbrook.

Records show Garcia-Espinal pleaded guilty to felony possession of fraudulent identification in September 2012 in exchange for a sentence of four months probation. Prosecutors accused him of violating his probation in December 2012, and it was successfully terminated in September 2013, according to Cook County court records.

"We were shocked and disturbed to learn [Wednesday] that in 2012, Garcia-Espinal received a felony charge for possessing two false Social Security numbers and a misdemeanor disorderly conduct charge for masturbating in a public restroom," Sunset Ridge School District 29 Superintendent Ed Stange said in a letter to the school community.

Stange said district officials are "reviewing why this information was not contained in the background checks" that were conducted by the district's food service provider Organic Life and its custodial service provider Smith Maintenance Company. "[B]oth came back clean," he said

There was no sign of when or why prosecutors in the office of former State's Attorney Anita Alvarez dropped the disorderly conduct charge in available records from the Cook County clerk of circuit courts's office.

Police reports indicate the woman who reported being disturbed in the Glenview movie theater told investigators she would not be able to identify Garcia. Likewise, his former employer did not identify him from a still image from the theater's security camera footage.

Related:
Highwood Man Identified As School Bathroom Hidden Camera Suspect
Staff Finds Bathroom Camera At Northfield Elementary School: Cops

According to Northfield police and district officials, a cellphone was found on the afternoon of Jan. 14 hidden in a trashcan inside a bathroom used primarily by staff at Sunset Ridge school.

Police reviewed security video and identified Garcia-Espinal as a suspect. He had been working as a cook and custodian assigned to the school since August 2016, according to Stange.

The superintendent said some students may have also used the bathroom where the camera was found. Northfield police have confirmed the identities of everyone recorded with the hidden cellphone, and their legal guardians have been contacted, he said.

"That means if you haven't received a call from the Northfield Police [Department], neither you nor your child were identified in this cellphone footage," Stange said Friday in a letter to parents, guardians and staff. "Police cannot share any additional details regarding how many individuals were filmed, how long this might have been going on, or what charges will be filed once Mr. Garcia-Espinal is brought into custody, as this remains an ongoing investigation."

In response to a query about whether Organic Life was aware of Garcia-Espinal's earlier arrest, Greg Gardner, chief executive officer of the public relations firm Resolute Consulting, promised a statement on behalf of the Chicago-based food service provider would be available Tuesday — but, as of Friday, Gardner had provided no such statement. A call to the listed phone number for Smith Maintenance was met with a message that it was no longer valid. According to the company's website, it employs 250 people.

According to a series of questions and answers posted to the District 29 website, officials said they followed their standard protocols with regard to Garcia-Espinal's assignment.

"[We are] reviewing our contractual relationships with private vendors and will continue to work proactively with contractors to continue to ensure that employee criminal background checks are current," they said.

The District 29 board held a special meeting Jan. 26 to discuss personnel matters and probable lawsuits behind closed doors. Nancy Detlefsen, vice president of the school board, provided a copy of a prepared statement on behalf of the board ahead of the period allotted for comments from the public. Board members planned to "dig deep and evaluate issues, options and potential actions we should take as a board following the very disturbing news we have all been reeling from earlier this month," it said.

"I want to state just how heartbroken we are as a board that our staff, parents and students — our entire school community — has to go through such a violating and upsetting event," Detlefsen's statement said. "It is horrible and tragic that one person with such ill-intent can cause all of us to feel unsettled, uncomfortable and filled with questions and concerns. I want you to know that we as a board are deeply dedicated to providing a workplace that is safe and caring and that we will do all we can every step along the way to support our staff and families."

Police have said they are actively working to find Garcia-Espinal, who is wanted on a felony unauthorized video recording arrest warrant.