A Suffolk judge has dismissed charges against a Dix Hills man arrested in May for allegedly using his cellphone to photograph an 8-year-old boy in the bathroom stall of a North Babylon restaurant.
Luis Flores, Jr. expressed relief at the dismissal Wednesday, saying, "Now I can move forward with my life again."
Flores had been out with a friend at a hibachi restaurant when he went to the restroom, and Suffolk police alleged he reached over a bathroom stall to photograph the young boy.
Suffolk County Assistant District Attorney John Cortes told the judge Wednesday "there was insufficient evidence available to mount a successful prosecution."
According to Cortes, a forensic analysis found no bathroom photos or video on Flores' cellphone.
In addition, restaurant surveillance video showed Flores was never alone with the boy in the bathroom and captured him walking out immediately after the boy's father.
"This is a case of people rushing to judgment," said Flores' lawyer, Matt Tuohy.
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After his arrest, Flores said he lost two jobs and had to leave his home to escape threats leveled at him on social media.
"I would not wish this on anyone," Flores said outside court.
His mother was at his side, saying she never doubted her son's innocence.
When asked if he plans to sue Suffolk police for his arrest, Flores said, "I am just going to take everything one day at a time."
