State v. Mr. P (DMC No. 13169) – Felony Voyeurism & Felony Surreptitious Viewing – Not Charged – Payson Police Department Investigated (DR No. 20XX-XXXXXXX2) & Gila County Attorney’s Office Investigated:
Mr. P was a 72 year-old man who had a cabin near the city of Pine in Gila County. He drove a blue Lexus sedan and he would frequently visit the Green Valley Park in order to walk around and enjoy the fresh air. On one of the occasions he was at the park, a woman had also taken her two children to the park, and had entered into the women’s bathroom. She claimed that she had seen an older man who was looking at a group of small girls who were standing outside of the women’s bathroom. As she began to go to the bathroom, she saw a pair of men’s shoes under the stall door and claimed that she saw a man looking at her through the crack outside the door.
After she finished, she exited and went to wash her hands. She then said that the man exited the stall and stood behind her without saying a word. She left the bathroom and claimed that she had taken a photograph of the Lexus with the license plate. Later, she told police that she had accidentally deleted the photograph and no longer had it. However, she claimed that she wrote down the license plate number. Police then tracked the number and called Mr. P into the police station.
He went voluntarily and spoke with Police and told them that the allegation was absolutely false. He also said that nobody else would have been driving his Lexus and he had no idea why these people were making these statements. We then became involved in the case and contacted the Police.
We explained to the Police that the story between the mother and her two children did not match. We also explained that it was possible that they confused one older man with white hair with another older man, and simply assumed he was the one that had been in the bathroom. Lastly, it was very suspicious that there was no photograph that they could produce on their iPhone after claiming they took a picture. Although the police forwarded the case to the Gila County Attorney’s office for Surreptitious Viewing pursuant to ARS 13-3019(A)(1), No Charges were ever brought against Mr. P.