A felony voyeurism charge was filed Monday against 54-year-old Donald Sam Hayes from Covington who is accused of videotaping a 13-year-old girl while she undressed in his home.

The incident occurred April 28 when a pair of girls visited the home of Hayes. They were invited by his son to go swimming, according to charging documents provided by the King County Prosecutor’s Office.

Both girls borrowed swim suits from Hayes. After swimming the victim wanted to change clothes. Hayes “pointed to the spare room for (the girl) to change out of her swim suit,” the charging papers stated. Neither girl is identified by name in the documents because they are juveniles.

The charging papers stated while she was changing, the girl noticed the red light flashing on the video camera that was sitting on the corner of the desk in the spare room.

The girl looked at what was on the video camera and saw she had been recorded even though “she had expected privacy as there was a door that could be closed.”

She told her friend that she had been recorded and asked the friend to get her stepmother.

“At that point, the defendant came down to where the girls were, asking (the girl) to give him back his property,” the documents said. “(She) refused to give him the camera.”

The camera was then given to her friend’s father who removed the recording disc and the police were called.

Hayes said during an initial interview on April 28 “he had inadvertently pushed record on the camera instead of stop … he said he was transferring movies from VHS tape to DVD.”

The prosecutors documents stated on May 7 “he was invited to the Regional Justice Center” in Kent to talk about how the camera works and demonstrate how he had accidentally pressed record.

“This procedure turned out to be not as he had originally explained,” charging papers stated. “The defendant was offered a polygraph, which he accepted.”

During the polygraph, he was asked two questions regarding the incident: “When (the victim) was video taped changing her clothing was that truly an accident” and “Did you purposely video tape (the victim) changing her clothes?”

Results of the polygraph demonstrated what charging papers described as “extreme deception” in Hayes’ answers.

Hayes was then read his rights, which he waived, and then offered a statement to police during which he “admitted that he intentionally set the video camera up to record.”

The charging document stated, “He said that he was not sure what he was going to get or which girl was going to be in that room. He said it was stupid of him to do that. He said he never had thoughts like this before.”