WOODHAVEN, Mich. (FOX 2) - The victim of a man accused of recording 94 men urinating in a Woodhaven bowling alley bathroom took the stand Tuesday to describe the moment he spotted he was being filmed.
Ryan Dustin Gaynier, 36, of Temperance, Mich. is facing 25 counts of voyeurism and 25 counts of computer crimes, both 4-year felonies, for allegedly recording over 150 videos of men at the urinal of the Woodhaven Bowl-a-Rama.
The man who reportedly caught Gaynier recording him, Justin Berry, described on the stand Tuesday that on December 14, he was in the bowling alley bathroom at the urinal when he noticed a cell phone pop out of the corner of a nearby stall. He confronted the defendant, and told him to give him the phone.
"He wouldn't give it to me. He sat down on the toilet, said 'It's not what you think, it's not what you think,'" Berry said.
That's when he left the bathroom, Berry said, and put his foot on the door to block it, yelling to his friends to call police.
Woodhaven Police Officer Ryan Zimmers said when he arrived to the scene, he asked to see Gaynier's photos. The suspect voluntarily showed his recent photos and videos to the officer, and there was nothing pertaining to the accusation. The officer says because he knows photos can be deleted or moved to apps to be hidden, he took the phone for evidence.
"With a chance of something being deleted, erased or anything like that, we just hold it as evidence and once they do the search warrants and all that, they determine whether it's released or not. We just take it in as evidence to make sure that nothing can be messed with or erased," Zimmers said.
Woodhaven Detective Sgt. Jeff Brust said after they obtained the search warrant, he inspected the phone and found over 150 videos taken in the bowling alley bathroom -- 94 of which specifically showed men with their backs to the camera using the urinal. The videos were about 20 seconds long each, did not feature any women, and no genitals had been recorded but one person's exposed buttocks were filmed, he said.
Defense argued officers needed a search warrant before seizing Gaynier's phone. The judge disagreed, saying that the phone was taken to protect possible evidence. He said police had credible evidence of crime, including a statement from an eye witness, who was able to identify a suspect, the circumstances, the phone and the suspect was still in possession of the phone. The judge said police would need a warrant to then search the phone, which they obtained before they did indeed search the phone.
The case was bound over to circuit court.
Gaynier was previously arrested in 2008 in Clinton County for having an open intoxicant in a car and possession of drugs.