A 35-year-old Sahuarita man has been placed on five years' probation after pleading guilty to attempted voyeurism in connection with an incident last year at Fry's.
Judge Jeffrey Bergin ruled that Kelvin Kennard Kirby Jr. must be monitored as a sex offender, but has not yet made a decision as to whether he must register as a sex offender.
According to court documents, a woman shopping in the produce section of the Fry's in Sahuarita felt something graze her leg around 10 p.m. May 5, 2019. When she confronted Kirby he apologized and said he'd dropped a bag of peanuts.
When the victim asked an employee for store management, Kirby left his shopping cart in the aisle and left the store.
Court documents indicate surveillance footage showed Kirby extending his cell phone under the woman's dress twice. Kirby went to the police "to clear his name" after seeing himself on the news. He told officers he put his phone under the woman's dress because he was being "flirtatious."
Although Kirby initially denied recording the woman, he later admitted he did record her, but he deleted the recording after his wife discovered it, court documents state.
Kirby told the probation officer who prepared his presentence report that he'd been drinking, regretted his actions and would abide by any court orders.
The victim told the probation officer she objected to the terms of Kirby's plea agreement, in part because he knew cameras were likely recording his actions and he did it anyway.
"His behaviors are extremely concerning. He presents as a sophisticated, highly educated and civilized citizen, however he has clearly shown by his actions that he is a risk to the community," she said.
According to court documents, the financial analyst has three prior misdemeanor convictions.
Should Kirby successfully complete probation, the crime will be designated a misdemeanor.