Restaurant employee accused of taking photos of child in bathroom

WALTHAM, Mass. — Police said a man accused of taking photos of a 7-year-old boy using the bathroom in a local restaurant has fled the country.

The suspect was an employee at the restaurant In a Pickle in Waltham. FOX25 has learned that employee, Edgar Montoya, was allowed to work there for days after the alleged incident.

The local mother has left a scathing review on Yelp and also described to FOX25 what happened.

“He looked up and he noticed a hand over the stall with a camera, a phone,” said the mom, who has asked not to be identified.

She said she immediately called police, who matched the phone to a cook in the kitchen named Edgar Montoya.

Officers seized the phone and charged Montoya with disorderly conduct, but say he never showed up for his arraignment.

Police said he's fled to his home country of Guatemala.

“It was extremely frustrating, I felt helpless, you know, that no one is going to be held responsible for this,” she said.

The mother says she also wants an apology from the restaurant owner, who allowed Montoya to continue working after the alleged incident.

“I've left numerous messages for the owner of the restaurant. He refuses to get on the phone with me and he has not returned any of my phone calls,” she said.

In a Pickle owner Tim Burke says his lawyer has advised him to have no contact with the victim's family, but says he would never want anything like that to happen in his restaurant.

“I just don't want our silence to be misconstrued as not caring,” he told FOX25.

Burke also told FOX25 his lawyer advised him to let Montoya keep his job because the allegations could be unfounded.

Police said say they are still reviewing evidence on Montoya's phone and more charges could be filed.

Cox Media Group