Marcus Gutierrez, 23, of Cedar Lake, has been charged with felony voyeurism after police say he used his cellphone to record underneath a woman’s dress while working at Walmart in Schererville, according to court documents. The alleged incident occurred around 1:04 p.m. Sept. 1.

According to the probable cause affidavit, the woman was shopping in the cat food aisle when Gutierrez, a Walmart employee, came down the aisle. The woman attempted to move her shopping cart out of his way, but Gutierrez allegedly told her she did not need to move it.

The woman told police Gutierrez then walked behind her and she felt a phone against her upper left thigh underneath her dress. She said Gutierrez immediately walked away toward the back of the store.

Police reviewed surveillance cameras in the area, but the cameras did not show the alleged incident. While officers were walking toward the employee break room where Gutierrez was located, another shopper stopped police and said he had witnessed what happened.

Gutierrez initially denied taking a picture and told police he accidentally bumped into the woman while trying to maneuver around her shopping cart. Gutierrez allowed officers to look through his phone, but police said they could not locate a photograph at that time.

The witness told police he saw the Walmart employee reach underneath the woman’s dress and take a photo. He said the woman pushed Gutierrez away and yelled at him to get away from her.

During a subsequent interview, the woman told investigators she felt something against her inner thigh near her knee. When she turned around, she allegedly saw Gutierrez crouched down with his phone underneath her skirt. She said she began yelling and striking Gutierrez as he walked away and told Walmart employees to call police.

An independent witness gave investigators a similar account. He told police he saw Gutierrez crouched down with his phone near the woman’s dress and immediately yelled, “what the fuck are you doing.” The witness described the phone as being near the floor and angled upward underneath the woman’s skirt.

Gutierrez was taken to the Schererville Police Department, advised of his rights and agreed to speak with investigators.

According to the affidavit, Gutierrez initially maintained that he had bumped into the woman’s cart and denied taking pictures or videos. Investigators said Gutierrez appeared nervous and gave inconsistent statements.

Police said Gutierrez then changed his account and admitted he crouched down with his phone, placed it underneath the woman’s dress and recorded a video. Gutierrez allegedly said he deleted the video while being followed toward the employee-only area of the store.

According to court documents, Gutierrez also allegedly told investigators he had done this several times while working at Walmart but had never been caught before. He allegedly said he had a problem and did not know what to do about it. Gutierrez told police he had taken pictures or videos of unsuspecting women at Walmart and later realized what he had done and deleted them, according to the affidavit.

Police confiscated Gutierrez’s cellphone, and he signed a consent form allowing investigators to search it. The affidavit states the phone was scheduled for a forensic download as part of the investigation.

Charge filed September 3, 2026:

Voyeurism — committed by using a camera — Level 6 Felony