WEBER COUNTY, Utah (ABC4) – Wednesday evening, deputies with the Weber County Sheriff’s Office announced they were notified of a criminal complaint filed against a Weber Metro Crime Scene Investigator.
On January 27, 2021, at 1:08 p.m., CSI Investigator Marc Swain was booked into Davis County Jail on charges of voyeurism, obstruction of justice, and sexual exploitation of a minor.
The report was received on Tuesday, Jan. 26, 2021, and filed through the Ogden City Police Department, and the criminal investigation was transferred to a neighboring county police agency due to conflicts of interest.
“We recognize the emotional impact on public trust which arises out of these circumstances. The Weber County Sheriff’s Office is committed to full cooperation with the investigating agency, ensuring due process, and maintaining public trust through transparency,” says Sheriff Ryan Arbon.
CSI Investigator Marc Swain is on administrative leave and an internal administrative investigation has been initiated as a result of these allegations.
A woman reported that a 12-year-old girl, found a recording device in the bathroom of her home in Ogden on the evening of January 25, 2021.
The young girl reportedly called from the bathroom and said 47-year-old Marc Swain had left something in the bathroom. According to a probable cause statement, Swain went into the bathroom and collected the item before going into the basement of the home.
The young girl later told police that the item in the bathroom was a recording device as she had seen the device in the bathroom before on two separate occasions partially hidden in various positions in the bathroom.
On one occasion, the device was reportedly left on top of a drawer box behind a hairbrush. The young girl said that the device was facing directly toward where she would have been undressing and the camera lens was pointing directly at where she undressed.
The woman who reported the incident confronted Swain about the device and he said it was a flash drive that he had accidentally dropped in the bathroom.
The woman told Swain that the positioning of the flash drive made her believe it could not have been an accident. Swain denied any wrongdoing and provided the woman the flash drive, according to the probable cause statement.
The woman confirmed the device was a flash drive with a built-in camera lens on the bottom of the drive. The probable cause statement stated that the woman plugged the flash drive into a computer but discovered there were no files on the drive.
The woman told officials she recalled that prior to the young woman going into the shower, she observed Swain go into the same bathroom.
Swain reportedly exited the bathroom soon after and told the young girl to go take a shower. Suggesting to her that Swain planted the device in the bathroom and told the young girl to shower so that he could observe her while doing so, according to the probable cause statement.
In an interview with police, the girl said that she had noticed the flash drive in the bathroom on three separate occasions. She also said that she believed the flash drive had a lens on the bottom of it and it made her uncomfortable, according to a probable cause statement.
The woman indicated that Swain had a pornography problem and after researching the device, she discovered that it was indeed a recording device.
A search warrant was served at Swain’s residence and various electronic devices were taken by police. Those devices are currently being searched for further evidence.
After Swain was arrested, Swain told officers that he knew he had made a poor decision. Swain admitted that there were three separate occasions where he strategically placed the recording device in the bathroom to watch the young girl shower.
Swain also reportedly stated that he had seen a lot of negative things and that was the cause of his behavior.
Swain said that the filming of the young girl in the bathroom with the recording device began about nine months before his arrest.
Swain explained the first two occasions he had obtained video of the young girl nude to police . According to the probable cause statement, Swain began to review those videos on those two occasions but quickly deleted them because he knew it was wrong. The videos were taken about 6 months apart.
Swain reportedly told officials he had activated the recording device in the bathroom to record the young girl after urging her to go shower. Swain added that he did this with the intention of viewing her naked body.
Swain said the young girl located the device and called out to him, so he retrieved the device. He also told police that he made no alterations to the device after that point.
Deputies say this is an on-going and active investigation. No further information has been made available at this time.
ABC4 will continue to follow this story as it develops.