The Denver District Attorney's office has dismissed its case against Patrick Finney, the owner of FINN Real Estate.
The DA dropped five misdemeanor charges of invasion of privacy for sexual gratification because of "statute of limitations problems," according to spokesman Ken Lane.
An ex-girlfriend of Finney's told police that she discovered videos in Finney's email in August 2015, according to court records. The videos apparently were captured by pointing a camera up multiple women's skirts and dresses, an affidavit states. It is not clear when the videos were recorded.
The ex-girlfriend went to police in February 2017; she said they had broken up several months after her alleged discovery, and that she remained financially dependent on him after that "due to a mutual real estate transaction," according to a detective's affidavit.
Finney admitted to a Denver police detective that he had recorded up-skirt videos, according to the detective's affidavit. However, the DA's office has found that too much time has passed since the alleged misdemeanor criminal acts to proceed with the case.
The statute of limitations says that misdemeanor complaints must be served within 18 months after the date of the offense, according to Lane.
Court records don't say when the videos were made, but the woman discovered them in August 2015. That would mean that the prosecution would have had to start by February 2017 at the latest.
The woman went to police on Feb. 27, a search warrant was executed March 7, an arrest warrant issued March 16 and an arrest made on March 30.
Finney's attorney declined to comment. Finney retains an active real-estate broker's license, per state records.
"I am grateful to put this matter behind me and focus on my growing family," he reportedly said in a statement to KDVR. "I am working every day to be a better person for my family and my community.
This story was updated on May 24 with Finney's statement to KDVR.