David M. Ague, 29, was arrested and charged with unlawful surveillance after a cellphone was found in a staff bathroom at Voorheesville Elementary School. Ague is accused of hiding the cellphone in a desk inside the bathroom and recording on it while working as a custodian at the school, said Albany County Sheriff’s.

A staff member alerted school administration after finding the cellphone on Tuesday, April 9. Through an investigation, Albany County Sheriff’s said they determined Ague had placed it in the bathroom.

“We are all extremely distressed by this allegation,” Voorheesville Superintendent Frank Macri said in a letter to the school community Wednesday. “The safety of our students and staff is our top priority. The district will continue to work with the Albany County Sheriff’s Department as they continue their investigation.”

Macri went on to say that Ague is not allowed on school premises while the investigation continues. He said the board was reviewing Ague’s employment status.

A number of staff members were identified as victims. However, the Sheriff’s Office said there is no reason to believe any students were also recorded.

Two cellphones were taken from Ague. Other electronic devices including a computer, hard drive, USB flash drives and other memory cards were taken from his home by Sheriff’s while carrying out a search warrant.

“You’re in a safe place, you think you’re private and it’s just horrifying and disgusting, quite honestly, that someone would do this and break trust. But let’s see what the criminal justice system has to say,” said Sheriff Craig Apple Wednesday, telling reporters Ague had admitted to law enforcement that the surveillance had been an issue for a while.

Ague was charged with six counts of unlawful surveillance. Sheriff’s say the investigation is ongoing and more criminal charges may be filed in the future.

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