Registered sex offender under investigation again for allegedly recording woman in bathroom

HOUSTON, Texas (KTRK) -- A registered sex offender on probation after his arrest last year for taking pictures of a little girl in a restaurant bathroom, is under investigation for the same thing, according to Harris County court records.

In September, Darryl K. Suber Jr., 25, was given five years probation for attempted promotion of child pornography. An improper photography charge was dismissed after his arrest at a Cheddar's restaurant in Spring last December. Witnesses said they heard a young girl scream in the bathroom that someone was recording her.

Hailey Zipperer said Suber is still at it.

"I was like, 'hey, you need to get out of the bathroom. I just saw you,'" said Zipperer.

Last month, Zipperer, a waitress at a Hooter's in Humble, was using the restroom when she noticed a cell phone over the middle of her stall. She says she jumped up immediately and confronted the person, later identified in court records as Suber, a cook at a Houston Burger King. At only 25, he has a surprising criminal history.

"He did it in high school He did it to a little girl. At this point, it's a little ridiculous," Zipperer reacted.

Eyewitness News has followed Suber for a year, reporting on his lengthy background that goes back to high school. He pleaded guilty in return for deferred adjudication for taking pictures or videos of female classmates in the locker room at Kingwood High School. He's been arrested three times for exposing himself to women. He's also a registered sex offender in Texas.

And there's more.

In the search warrant returned last week related to the Hooter's case, Eyewitness News discovered a stunning admission. He told his probation officer "he does not believe that there should be an expectation of privacy in a public restroom and that he doesn't think that it should be against the law to video someone in the restroom because 'you can't deny your urges."

Zipperer takes issue with that and hopes for jail time for the repeat offender.

"There's a huge expectation of privacy. You wouldn't expect someone to look at you in the bathroom, let alone video you in the bathroom," Zipperer said. "He's continuing to do it. Probation really isn't a punishment. Things will only escalate. He's not going to get any better."

Using the warrant, Humble police confiscated cameras, SD cards and phones from Suber's southeast Houston home. The Hooter's case is still under investigation.

Suber's attorney did not immediately respond to a request for comment.

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