VIRGINIA BEACH, Va. (WAVY) — A W.T. Cook Elementary School music teacher accused of recording a man who was using a Walmart bathroom admitted to police that he used his cellphone to “spy” on the man, court documents show.
Michael Burke, who just celebrated 25 years in the Virginia Beach public school system, has been charged with peeping and spying in a building. Burke was charged with the class one misdemeanor on March 7 – about a week after the alleged incident happened.
A search warrant filed for Burke’s Myrica Place home states that security footage taken on March 1 at Walmart showed Burke going into the men’s bathroom around 4:12 p.m. and not leaving for 50 minutes.
Burke was removed from the bathroom by security at 5:01 p.m. after a man reported that a person’s hand was holding a cellphone above the bathroom stall he was using, court documents state.
The man followed security to Burke’s car and got his license plate number, which he later provided to the Virginia Beach Police Department.
Police interviewed Burke on March 5. Police say that Burke admitted to them that he was in the Walmart bathroom on March 1 and that he used his cellphone to “spy” on the man who reported him to security, according to court documents.
Police say that several children and adults used the bathroom during the 50 minutes that Burke was inside of it. Officers searched his home for electronics on March 7, taking an iPhone, an iPod, a Samsung Galaxy SII, a Samsung Galaxy Note 3, a Dell Inspiron laptop, and a Gateway Atheros.
“This affiant believes that the items listed … will show evidence of Michael Burke using his personal electronic devices to spy on or record people while using public restrooms, or having a reasonable expectation of privacy,” an officer wrote in a search warrant.