State v. Mr. G (DMC No. 13691) – (6 Counts) Attempted Voyeurism – Reduced to Probation with Zero Days in Jail – Maricopa County Superior Court (Case No. CR2015-137958):
Mr. G was accused of being seen in a Wal-Mart store on the wide side of Phoenix, Arizona walking through the aisles with a cell phone while attempting to film up women’s skirts. A Loss Prevention Officer for Wal-Mart stated that he saw Mr. G follow two women who were wearing skirts. The Officer stated that Mr. G bent down to get an item from the bottom shelf as he held out his phone underneath both women’s skirts and paused for a couple of seconds. There was no store security video footage to back up this claim.
The Loss Prevention Officer claimed that he went outside and saw Mr. G get into a Mustang and he wrote down the license plate number. He also took a cell phone picture of Mr. G and showed it to other Loss Prevention Officers. The next day, a different Loss Prevention Officer recognized Mr. G from the photo and began following him. He stated that he saw Mr. G crouch down behind another woman wearing a skirt and attempted to film up her skirt. He also said that he followed two other women, but was unable to crouch down quick enough before they moved. He ultimately left the Wal-Mart and the Police were summoned. This time, they claimed that they had him on videotape through the store security system.
Mr. G was contacted by Police and then got our office involved. We were able to show that they could not produce any actual images that Mr. G had taken, so they would not be able to charge him with the actual completed crime of Surreptitious Videotaping or Voyeurism. However, the Police were able to charge Mr. G with 6 counts of Felony Attempted Voyeurism pursuant to ARS 13-1424 and ARS 13-1001. We were ultimately able to get the case reduced down to Probation with Zero Days in Jail. He originally was facing over seven years in prison.