28-year-old Leslie Bailey, who was spotted by a BART driver masturbating and grinding his junk into a BART seat back in May, escaped indecent exposure charges last week. Although he was convicted of misdemeanor lewd acts, Bailey's public defender successfully proved his private moment with a train seat was exactly that: private.
The S.F. Public Defender's office brings us this chilling tale of human-train seat relations:
Bailey’s troubles began May 8 after boarding the lead car of a Dublin-Pleasanton bound train at San Francisco's 16th Street Station. The mid-day train was virtually empty and Bailey chose a seat in the front right of the car, abutting the operator's cab. The BART operator testified that when she looked back to see if it was safe to close the doors, she noticed Bailey on his knees, thrusting his hips against the BART seat.
Bailey, who appeared not to notice the operator, continued to rub against the seat until the train reached the Civic Center Station. He ran off the train before rushing back on board just before the doors closed. Bailey reportedly returned to the same seat, this time gyrating on his stomach while his feet dangled into the aisle. The operator said Bailey then rolled from his belly to his side and appeared to be masturbating and smoking crack cocaine. She reported the behavior to dispatch, and BART police were alerted.
When Bailey got off the train at Powell Street, he ran to the operator's window and apologized for smoking, which is when the driver noticed his penis was still sticking out beneath his shirt. During his arrest, BART police found a crack pipe on him.
To convict someone of indecent exposure, however, one has to prove that the suspect was actively trying to attract the general public's attention to his naughty bits. In this case, public defender Emily Dahm argued that Bailey seat choice and the fact that he did not try to make eye contact with anyone else proved he had no interest in making others watch as he sexed up a seat.
"The law is very clear that indecent exposure requires making an effort to be seen. Mr. Bailey thought he was having a private moment—unfortunately, he picked a really inappropriate place," Dahm said.
According to the Public Defender's office, BART failed to keep surveillance footage of the incident, which is really quite unfortunate for the BART sex-obsessed Internet.
[Photo credit: strangerEYES]