Man accused of trying to take photos up woman's skirt at grocery store

HOUSTON – A man is accused of attempting to take photos up a woman's skirt at a Houston grocery store.

Carl L. Gordon is charged with misdemeanor attempted invasive visual recording.

The incident happened around noon Tuesday at the H-E-B in the 9700 block of the Katy Freeway. 

Police said employees told them they saw Gordon get a view with his phone underneath the skirt of a 60-year-old woman as she shopped. 

Officers reviewed surveillance video and passed their findings over to the Harris County District Attorney's Office, which accepted the charge. 

Gordon, 51, was arrested Tuesday.

READ: What is the Texas upskirt law?

Prosecutors tried to get the misdemeanor attempted invasive visual recording charge against Gordon upgraded to a felony invasive visual recording, but court documents state a magistrate judge didn't find probable cause.

Investigators plan to obtain a search warrant for Gordon's phone in the hopes of finding evidence to try to present the case for felony charges again.

Court documents show Gordon was out on parole, having been convicted of invasive visual recording -- a felony charge for an incident that occurred in March 2017. 

He did not have to serve jail time when he was sentenced. Instead, a judge opted for deferred adjudication. 

He has a criminal history dating back to 2005 which includes resisting arrest.

H-E-B told KPRC2, "Thank you for reaching out. This is a police matter now."