Posted: Thu, 30 Apr 2009 06:49 PM - 25,132 Readers

By: Steven Kreytak

Travis County prosecutors have dismissed an improper photography charge against a Houston man who in August took pictures of topless women near Hippie Hollow Park on Lake Travis.

Phu V. Nguyen, 57, was arrested by a Travis County park ranger on Aug. 9 and charged with the state jail felony offense. The ranger, Jeff Allbritton, wrote in an affidavit that he believed “the photos were taken in a deviate manner.”

The women were swimming and sunbathing near the popular nude park on Lake Travis, across the water from the Mansfield Dam, the affidavit said.

“There wasn’t sufficient evidence to show it was done … with an intent to arouse or gratify,” said Assistant District Attorney Claire Dawson-Brown.

The case was dismissed April 3, according to court records.

Under Texas’ improper photography statute, taking a photograph of someone without his or her consent and with the intent to arouse or gratify the sexual desire of any person is a felony punishable by two years in a state jail.

Dawson-Brown said that prosecutors believed they could not prove that Nguyen acted criminally because the women were sunbathing in public and the photos that Nguyen took showed their entire bodies and did not zoom in on particular body parts.

Allbritton wrote in the affidavit that “several shots… were inappropriately focused on the genitals area of the girls.”

Nguyen took the photos from a rocky ledge above the two women, behind a tree and some bushes, the affidavit said. When he was spotted by one of the women, she said: “Oh my God, you’re kidding me,” the affidavit said.

Allbritton then chased Nguyen through the park before he stopped and told Allbritton that he had taken pictures of the area to show to his friends back home, the affidavit said.

Neither Nguyen nor his lawyer, Kyle Lowe, could be reached for comment.

Hippie Hollow is the only clothing optional public park in Texas.