Update, Nov. 6, 2019:
A Flowery Branch man received 10 years of probation after a non-negotiated plea in a case involving a micro video camera observing a tenant’s bathroom, according to court documents.
James Richard Frawley, 47, was sentenced Oct. 17 under the First Offender Act on charges of invasion of privacy and misdemeanor possession of marijuana.
The Hall County Sheriff’s Office investigated an allegation from Frawley’s tenant in May 2017, which revealed a micro video camera was placed in the heating, ventilation and air conditioning ductwork of a rental apartment.
According to the warrant, Frawley was accused of attempting to “observe, photograph and record the activities of his tenant without her consent in her bathroom” by installing the camera.
The tenant discovered the camera and reported it to law enforcement, according to the Sheriff’s Office.
“During the execution of a search warrant at Mr. Frawley’s residence, investigators also located a small quantity of marijuana,” Sgt. Stephen Wilbanks previously told The Times.
Under the First Offender Act, Frawley will be exonerated of guilt on the charges if he fulfills all of the conditions of his sentence.
Frawley was ordered to pay $5,000 in restitution to the victim.
“She didn’t want to return to the same facilities. Therefore, this was to allow her time to find another place … and make her life suitable again,” defense attorney Troy Millikan said on Wednesday.
He will also provide verification to the court of evaluation and treatment for substance abuse.
“Required treatment is to be completed within the first six months on probation,” according to the sentence.
Millikan described his client as a “wonderful person” and the acts in this case as “out of character.”
“We needed to seek a resolution of it that would not affect him in the future because this isn’t anything that would ever happen again,” Millikan said.
Previous story:
A Flowery Branch man is accused of putting a micro video camera in his female tenant’s bathroom, according to authorities.
James Richard Frawley, 44, was charged with invasion of privacy. He was booked Thursday in to the Hall County Jail. He was later released on bond.
Hall County Sheriff’s Office Deputy Stephen Wilbanks said the basement apartment was on Rolling Meadow Lane.
According to the warrant, Frawley was accused of attempting to “observe, photograph and record the activities of his tenant without her consent in her bathroom” by installing the camera.
“The tenant discovered the camera and reported it to law enforcement,” Wilbanks said.
The camera was allegedly installed through the wall, floor and heat pump ductwork of the tenant’s bathroom, according to the warrant.
“During the execution of a search warrant at Mr. Frawley’s residence, investigators also located a small quantity of marijuana,” Wilbanks said in a news release.
The tenant has lived in the apartment from October 2016 until recently, Wilbanks said.
Frawley declined to comment.