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Man charged with accessing phone without consent

A Bethlehem man was charged by Nesquehoning police after he went through a woman’s phone without her consent.

Nesquehoning police Chief Sean Smith released an affidavit regarding Victor A. Alpizar, 30, of Hayes Street, who was formerly employed as a part-time police officer in the borough.

Smith said Alpizar has not been employed with the borough since December.

According to the affidavit, filed by Smith and Detective Richard Neikam, on Sept. 5, 2020, officers learned that Alpizar had accessed a cellphone that belonged to a woman without her permission.

The woman had been taken into custody by Alpizar on a mental health warrant earlier that evening and seized her iPhone before taking her to St. Luke’s Lehighton Campus for a mental health evaluation.

He called the woman’s girlfriend to obtain password information, saying a nurse asked him to call because the woman did not remember her phone’s pass code.

Police later learned Alpizar returned to the hospital after obtaining the pass code to give the woman back her phone and learned she had been released. He then transported her back to her residence and gave her the phone.

A few days later, Smith and Neikam spoke with Alpizar regarding an accusation made against him regarding the phone.

He said that he took the woman into custody and transported her to the hospital, but forgot to return the phone so he called the woman’s girlfriend to get the pass code in case police needed to do a search warrant.

Alpizar’s story had changed from the initial report and denied accessing the woman’s phone at first, then said he accessed it once to turn the phone off.

The woman’s phone was sent to the Pennsylvania State Crime Lab for a forensic evaluation.

Results of the evaluation were received on March 2 and showed that the woman’s cellphone was accessed by Alpizar for 18 minutes and then again for 4 minutes. During those times, the woman’s personal photos and videos, as well as a social media app and her email were accessed.

Alpizar was charged by Nesquehoning police, in conjunction with the Carbon County District Attorney Michael Greek, with unlawful use of a computer and computer theft, both felonies.

He was arraigned before District Judge Casimir Kosciolek on Wednesday and released on $2,000 unsecured bail.