Judicial diversion given
Posted: Wednesday, November 28, 2012 4:00 pm
The Messenger, November 28, 2012
A Union City man has been given judicial diversion after being charged with unlawful photographing in connection with a cell phone found on top of a tanning booth at a local business in October.
Dustin Lee Swinney, 23, of 1210 McAdoo Circle, Union City, was sentenced to judicial diversion during an appearance last week in Obion County General Sessions Court.
He was fined $100, plus court costs, and placed on 11 months and 29 days judicial diversion, according to court records. At the end of that probationary period, if he complies with all terms, he may apply to the court to have the case removed from his record.
Swinney was charged with unlawful photographing in violation of privacy following an alleged incident Oct. 15 at Tunnel Tanning in Union City.
According to a Union City Police Department report, a 22-year-old Union City woman told police she was exiting the tanning machine and was dressing when she looked up at the top edge of a wall in her tanning room and saw what she thought was a cell phone. After she dressed, she reached for the item and discovered it was an iPhone. She took the phone outside and called 911.
The woman told police that Swinney, identified as an employee at the time, came to her car and asked for his phone, allegedly telling her he would delete or she could delete any video that would be there. She kept the phone, according to the report, which indicated police took possession of the phone and asked the victim to show where she had found it.
Swinney told police he had placed the phone on the wall edge and that there might be some video, but he did not intend to get video. In his statement, he claimed the phone was being used in video mode as a flashlight to remove trash from the top of the wall frame. He claimed that while cleaning, it was left recording when the door opened. He said when he came back to get the phone, it was gone.