NOT CHARGED | PUBLIC SEXUAL INDECENCY – State v. Mr. C. (DMC No. 4826) (Phoenix PD Investigated): Phoenix Police Detectives were working undercover at Washington Park in order to apprehend gay males who may engage in sexual activity in the restrooms. An undercover Detective maintained eye contact and was “flirting” with Mr. C., and he then walked into the restroom and waited. About a minute later, Mr. C. came in to use the urinal and the Detective stated that it was clear that he was masturbating while using the urinal. However, the Detective admitted he never actually saw Mr. C.’s genitalia. After Mr. C. was arrested, we became involved and convinced the Prosecutor that they lacked sufficient evidence to pursue charges at that time. We then stayed involved and prevented Detectives from re-questioning Mr. C., and eventually the statute of limitations ran and no charges were ever brought against Mr. C.
