Ex-BYU-Idaho student who hid camera in women’s bathroom wants conviction off his record
Published at | Updated at
REXBURG — The former Brigham Young University-Idaho student convicted of voyeurism for secretly recording women in their apartment bathroom wants off probation early and his conviction removed from his record.
In 2017, Devan MacCabe, 27, pleaded guilty to felony voyeurism, and then-District Judge Gregory Moeller placed him on probation until June 18, 2022. Then in March, MacCabe asked that District Judge Steven Boyce let him off probation a year early, set aside his guilty plea and remove the conviction from his record.
RELATED | Ex-BYUI student sentenced for hiding camera in women’s bathroom
Although MacCabe was ordered to undergo sex-offender treatment, he was not required to register as a sex offender.
MacCabe submitted a two-page affidavit supporting his reasoning for wanting the judge to grant the request. He said since his conviction, he has attended a community college and plans to graduate this summer. When seeking employment in his wanted career field of 3D printed architecture, he has discovered one firm has military contracts.
“(This means) I cannot have a felony on my record,” MacCabe writes. “I’m seeking an early discharge from probation, setting aside my guilty plea, and a final dismissal of my case so that my rights may be restored.”
RELATED | BYUI student charged with voyeurism after camera discovered in bathroom
Since being placed on probation, MacCabe says in the affidavit, he has never violated the terms of his probation, has not committed any new crimes, and is working to be a productive member of society.
Madison County Prosecutor Rob Wood has objected to MacCabe’s request to dismiss the case.
A hearing to hear MacCabe’s and Wood’s arguments on the status of the case is scheduled for May 17.