PD: Man caught looking at boy in PHX restroom

Posted at 2:11 PM, Apr 04, 2016
and last updated 2016-04-04 22:00:03-04

A man caught peeping at a 14-year-old boy in the restroom, says it was a case a mistaken identity.

Court documents show that on March 28, a 14-year-old told his father, an 'eye' peaking at him while he was in the restroom stall. The suspect later told police, he was waiting for someone else.

Police say that a 14-year-old boy came out of the men's restroom, at the Fry's grocery store, near 43rd Avenue and McDowell Road, and told his father he saw an 'eye' peaking at him between the wall and the edge of the bathroom stall. 

The father contacted police who detained 38-year-old Carlos Avila and questioned him. Police say at first Avila denied being in the stall next to the boy. The store manager produced a video from a camera in the hallway which shows the boy's father holding the door open for his son and Avila coming out of the stall, next to where the boy was. 

Avila reportedly told police that he received a text and had arranged a rendezvous with a man in the restroom and thought the boy was him. He peaked through and saw it was the boy.

Avila also told police he has done this before, in 2015, but that time he was assaulted for it, instead of arrested.

Avila is being charged with unlawful viewing.