Prosecutors said they dropped a felony charge Wednesday against a Dix Hills man accused of photographing a minor in a bathroom stall in a North Babylon restaurant in May.
The single count of second-degree unlawful surveillance against Luis Flores Jr., 28, was dismissed in Suffolk County Court after prosecutors concluded that the minor, an 8-year-old male, and his father gave inconsistent accounts, the Suffolk County district attorney's office said in a statement.
"An examination of the facts found the version of events, as articulated by the young victim and his father, contained fundamental inconsistencies with the events recorded by the restaurant's in-house video security system," the statement said.
There was no "probative evidence" on Flores' phone, which showed text messages between Flores and the woman he had dined with, the statement said. It said those exchanges occurred after he left the men's room and she left the women's restroom.
A spokesman for the district attorney's office said no charges were expected "at this time," against the man or his son, who were not identified. He said prosecutors knew of no motive for making the erroneous reports.
Police said at the time of the arrest on May 28 that Flores had leaned over the bathroom stall and used a cellphone to photograph the boy at 3:45 p.m. on May 17, inside Hibachi Grill & Supreme Buffet at 1114 Deer Park Ave.
Police said that after "numerous Crime Stoppers tips regarding the suspect's identity," detectives arrested Flores at his home. The prosecutor's office said the father identified Flores from the restaurant video after his son told him that he saw a smartphone over the stall door, heard a clicking noise and saw a flash.
The father claimed that no one else was in the bathroom with his son when he left him, the district attorney's statement said, but restaurant video showed there were about four other men, including Flores, there at the time.
One of those men left the bathroom about 10 seconds after the father, and Flores left about 15 seconds after that, the statement said. Two other men left the restroom less than a minute after Flores, the statement said.
The father returned to the bathroom about four minutes after leaving his son, and another two men went in and out during that time, the statement said.
Flores could not be reached for comment. His attorney, Matthew Tuohy of Hauppauge, did not return telephone calls for comment.