A 44-year-old Vail man was placed on four years' probation Friday for looking up a woman's dress at an East Broadway HomeGoods store.
Agustin Gonzales Gongora could have received up to 2 1/2 years in prison after being convicted of voyeurism by a Pima County Superior Court jury in December.
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.
The victim had no idea what had happened until loss-prevention officers told her, Kreamer Hope said.
After his conviction, Gongora, who owns several restaurants in Tucson and Phoenix, told a probation officer he felt "extremely bad" about the incident and vowed it would never happen again.
Court records also indicate Gongora has sought professional help and is seeking a private physician for individual counseling sessions.
Gongora was indicted again last month after a woman contacted police after reading about Gongora's trial and said he'd victimized her as well.
Gongora is to go to trial in the new case in June. He is also being sued civilly by the victim in the first case.