Former School Worker David Garcia-Espinal Admitted To Masturbating In Two Movie Theater Bathrooms, But Was Never Charged

CHICAGO (CBS) -- A former school worker wanted on suspicion of placing a camera in a bathroom at Sunset Ridge grade school in Northfield admitted to police that on at least two occasions he entered the women's bathroom at a movie theater to masturbate.

Even though David Garcia-Espinal, signed a statement admitting what he did, those charges were not formally filed by the Cook County State's Attorney.  He was charged with one felony count of possession of fraudulent identification.

When Garcia-Espinal was arrested in June 2012, the officer found three different Social Security cards, three different permanent resident cards and two different resident alien cards.

Glenview Police tell CBS 2 that their records show they charged Garca-Espinal with a misdemeanor for public indecency. A spokeswoman for current state's attorney Kim Foxx said her office could not comment on decisions made by previous state's attorneys.

Sources also tell CBS 2 that images of students were captured on the bathroom cellphone camera at Sunset Ridge.

Glenview police responded to the Regal Cinemas for a report of a man entering the women's bathroom multiple times. One witness said she "observed a man with his hands on his genitals masturbating" and reported the incident to the manager at movie theater.

Surveillance video shows Garcia-Espinal walking into the women's bathroom three times. He was wearing uniform from the Northbrook supermarket that he worked under the name Nelson Pagan-Archeval. He later admitted to police that that was a fake name.

During his interview with police, Garcia-Espinal admitted to going to the Regal Theater in Glenview on June 15, 2012 and entered a woman's bathroom to masturbate. He also admitted to doing the same thing at a theater in Northbrook.

Northbrook police saw the bulletin that had been sent out by Glenview Police and notified the department that they too had had contact with Garcia-Espinal after he entered a women's bathroom in a movie theater there. The date of that incident was not immediately known.

Garcia-Espinal was never charged with public indecency and therefore these incidents would not have popped up on a background check. If they had, Garcia-Espinal would not have gotten the chance to work with children.

Garcia-Espinal pleaded guilty to identity fraud in 2012 and was sentenced to probation, and was fined for violating his probation in 2013.

It remains unclear why the fraud conviction was missed by the background check done by a company hired by the school. School officials say they had no prior complaints about Garcia-Espinal.

Police have tried to find Garcia-Espinal, 40, since they checked out the phone – but he has already disappeared.

The cellphone camera was found "hidden and recording from a trash can" in a staff-designated bathroom around 4 p.m. Tuesday, Jan. 14, according to a letter to parents. Children sometimes used that bathroom as well.

Garcia-Espinal had been at Sunset Ridge since 2015, holding two jobs at the school since 2016 through two different companies.

He was a cook through OrganicLife, and a custodian through Smith Maintenance Company in the evenings, the school district said in the Q&A communication to parents.