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Man accused of snapping photo in bathroom; Boy, 12, tells mom about incident.

Byline: Gary V. Murray

AUBURN -- A 70-year-old Dudley man was arraigned Friday morning in Central District Court in Worcester after a 12-year-old boy told his mother that the man had photographed him Thursday in an Auburn Mall bathroom.

David Lavoie, 70, of 9 Joseph St., Dudley, was charged with disturbing the peace under the so-called Peeping Tom section of the law and photographing an unaware juvenile in the nude.

Mr. Lavoie was released by Judge Robert Pellegrini on $2,500 cash bail that was posted overnight. At the request of Assistant District Attorney Courtney Price, the judge ordered Mr. Lavoie to stay away from the Auburn Mall and to have no unsupervised contact with anyone under the age of 16. The case was continued to April 1.

The boy told police he was sitting on a toilet with his pants down in a stall in the men's room when a man entered the stall next to him.

He said the man pointed a cell phone at him from beneath the adjacent stall, according to a statement of facts filed in court by Officer Tod J. Kuchnicki.

The boy said he was able to see himself on the screen of the phone.

"The man was trying to hide that he was pointing his phone at me and did not stick it all the way under my stall,'' the boy told police.

"The man was moving the phone and trying to get my entire body on the screen,'' the 12-year-old said.

The boy became frightened and jumped up and heard the man's phone "click'' as he was doing so.

When questioned by police, Mr. Lavoie admitted being in the men's room but denied taking any photographs, Officer Kuchnicki said in court papers.

Sgt. Scott Mills, a detective in the Auburn Police Department, said the boy was at the mall with his mother and two siblings. His mother waited outside while he went into a downstairs bathroom. He said she saw Mr. Lavoie follow her son into the bathroom and later leave. When her son came out he told his mother what happened.

"She followed him (Mr. Lavoie), and he went directly from the first floor to the second-floor bathroom,'' Sgt. Mills said. "She photographed him and called us.''

George Barnes of the Telegram & Gazette staff contributed to this report.

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Title Annotation:Local
Author:Murray, Gary V.
Publication:Telegram & Gazette (Worcester, MA)
Date:Feb 21, 2015
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