According to a state appeals court, 28-year-old transit lover Leslie Bailey was rightfully convicted of misdemeanor lewd acts when he was spotted getting busy with a BART seat last year.
Bailey was cleared of felony indecent exposure chargers related to the incident, during which BART operator Lori Hudson witnessed him on his knees in a nearly empty BART car, thrusting into the seat cushion — possibly while wearing a red thong or boxer shorts, Hudson said in court. Bailey, it seems, didn't notice the BART operator standing nearby when he flipped over and started to masturbate and smoke crack.
Bailey got off the train at Powell Street station, where BART police found him loitering near the elevator on the Muni level. According to BART officer Jeffrey Zwetsloot, who captured Bailey on his officer-mounted video camera, the suspect had gone to the elevator because "it was a convenient place to urinate." Although no urine was spotted on the floor of the elevator, Zwetsloot testified that Bailey still had an erection poking out of the bottom of his shirt when he went in for a pat down.
According to Bailey's public defender Emily Dahm, Bailey had been off of his anti-psychotic medication and binging on crack cocaine at the time of the incident. Dahm successfully talked down the indecent exposure charges, arguing that Bailey was not attempting to draw attention to himself and was merely enjoying a private moment with a BART seat.
Bailey, who also has another felony conviction of indecent exposure from 2007, was sentenced to time served and released.