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An arrest warrant affidavit obtained from a Smith County court said a victim found a cellphone set up and recording in the restroom at a local business. 

Police arrested Victor Antonio Cruz-Castellanos, 29, of Tyler, on Jan. 30 and charged him with invasive visual recording, a state jail felony. Cruz-Castellanos was indicted in the latest session of the Smith County grand jury. 

The affidavit said the victim told police she confronted a fellow employee of the business after she found a cellphone that she believed belonged to Cruz-Castellanos set up to record her while she was using the restroom. 

Police said the victim took a photograph of the phone with her cellphone. She also told police the phone had been recording for about seven minutes. 

The woman contacted her boss Dec. 6, the day after the incident, and reported the incident with Cruz-Castellanos, according to the affidavit. 

The business obtained statements from the victim and Cruz-Castellanos, a food service contractor at the business. The victim contacted police on Dec. 12. 

Cruz-Castellanos denied recording the victim and said he was checking the restroom and accidentally left his phone in the restroom. 

The victim said Cruz-Castellanos asked her if he could use the restroom before she did and the victim agreed, according to the affidavit. 

Police obtained a search warrant for Cruz-Castellanos’ cellphone, but the video was not able to be recovered from the phone.

The affidavit said Cruz-Castellanos denied the allegations, but eventually confessed to putting his phone in the bathroom with the intent to record the victim. 

Police said Cruz-Castellanos deleted the video after being confronted by the victim outside the restroom. 

A trial date has not been set. Cruz-Castellanos remained in the Smith County Jail on a $100,000 bond.