A Pima County Superior Court jury convicted a 43-year-old Vail man of the felony crime of voyeurism Thursday for looking up a woman’s dress at an East Broadway HomeGoods store.
Agustin Gonzales Gongora could be placed on probation or receive up to 2 1/2 years in prison when sentenced next month by Judge Howard Hantman.
Deputy Pima County Attorney Jared Kreamer Hope showed jurors a store security tape showing Gongora dropping to all fours while walking behind the victim on Sept. 8, 2011, and looking up her dress.
He also played Gongora’s recorded interview with police during which he said he had been shopping for a wedding anniversary present and had been overcome with romantic feelings.
Defense attorney Steven Sherick argued the woman had no reasonable expectation that she would not be viewed, but the prosecutor Kreamer Hope disagreed.
Kreamer Hope told jurors Gongora was guilty of voyeurism because he invaded the woman’s privacy. The underside of the woman’s skirt was not visible to the public, she didn’t know she was being observed by Gongora and he did it for sexual stimulation.
The victim had no idea what had happened until loss prevention officers told her, Kreamer Hope said. He also argued that looking up one’s dress while on one’s hands and knees is “inherently sexual.”