Hagerstown man jailed for violating probation by recording calls

Three days after receiving a sentence that included an order not to electronically record people without their permission, a Hagerstown man allegedly recorded a conversation with Hagerstown Police Capt. Paul Kifer, then posted it on YouTube, according to a violation of probation petition filed in Washington County Circuit Court.

Dustin Michael Lee Cavanaugh, 29, of Potomac Towers, was arrested Tuesday for the alleged violation and was being held Thursday in the county detention center on a $250 bond set by Circuit Judge Daniel P. Dwyer.

The petition for the violation of probation says the State's Attorney's Office was contacted by Hagerstown Police Capt. Tom Langston on Oct. 26. Langston related that Kifer had received a call from Cavanaugh earlier that day.

At the beginning of the call, a male identifying himself as Cavanaugh tells Kifer his complaints of "online harassment" by others have not been acted upon by the department.

The caller also asks Kifer if his call is being recorded by police. Four minutes into the phone call, the man tells Kifer he is recording it and intends to post it on YouTube, the petition states.

"I am not giving you authorization to record," Kifer tells the caller, according to the petition.

"I don't give a f---," the caller tells Kifer. He then asks Kifer what he is "going to do about it" before hanging up, the petition states.

The recording of the conversation was posted to YouTube that same day, according to the petition.

Cavanaugh was in circuit court before Dwyer on Oct. 23 to appeal a District Court conviction in which he was found guilty of failure to obey a lawful order from a police officer in a Dec. 3, 2016 incident.

Hagerstown Police went to Potomac Towers that day for a disturbance in the lobby, according to the statement of probable cause. A woman accused Cavanaugh of cursing at her, the document said.

"Cavanaugh was ordered to not cause any more disturbances and to leave the area," the charging document said. Cavanaugh was ordered "several more times" by police to leave, but continued to curse and yell as people gathered in the lobby, the document said.

Cavanaugh recorded his interactions with police on his cellphone in that incident, which was also captured on police cameras.

Dwyer found Cavanaugh guilty, saying his actions at Potomac Towers that day constituted failure to obey a lawful order.

Dwyer gave Cavanaugh a suspended 60-day sentence and placed him on probation for a year with the condition he does not record, by video or audio, anyone without their permission. Probation was made retroactive to June 26.

Cavanaugh faces accusations in another case of illegally recording people without consent. That case is scheduled for trial Dec. 4.

He is charged with illegally intercepting communications in January and February by allegedly recording telephone calls between himself and government officials without the consent of the other parties. Those included members of the Hagerstown Police Department, a district court commissioner, a sheriff's deputy, an assistant state's attorney and the FBI, the document said.

A recording of one call with a police department evidence custodian was posted on YouTube, court documents said.