Boston Police report arresting a man from Dummerston, VT at the Garden last night after a woman told officers he unzipped right next to her at the Roger Waters concert and then let loose with some waters of his own:
Officers then found the suspect who had a wet spot on the front of his pants and his shoes consistent with someone who had been urinating. The suspect when confronted about his actions claimed that someone had spilled a drink on him.
Dampness on the woman's shoes and coat - and her friend's coat - told another tale and David Travisano, 53, was given a ride to the nearby A-1 for booking on charges of open and gross lewdness and disturbing the peace, police say.
Innocent, etc.
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Comments
Hey Jake Wark or Pete Nice or someone...
By eeka
Mon, 10/04/2010 - 6:36pm
Any idea why no charge of assault in addition?
Tough to tell here.
By Pete Nice
Mon, 10/04/2010 - 8:10pm
There isn't that much info in this blurb, but it looks like the drunk guys intent was just to go to the bathroom and some of his piss splashed on this girls coat and shoes.
An assault and battery would need an actual "bodily injury", while assault and battery with a dangerous weapon might not fly because you need the act to result in a "demonstrable" injury if there was no intent and the act was just "reckless or wanton" which this case appears to be.
Bottom line is that the drunk man did not intend to hurt anyone, and didn't, so the charge might not be appropriate. Although urine could in fact cause injury in certain situations, it does not look like that happened here. If he said to his buddy "hey watch me piss on this girl" and then he pissed on the girl, I could see the assault charge because his intent was to piss on her.
Either way the open and gross lewdness is a serious felony and the victim here could seek her own lawsuit if she wanted to. The assault charge just might not fit here.
Sorry Pete
By anon
Mon, 11/29/2010 - 5:02pm
Assault has nothing to do with bodily injury. There was a case in NH where a young man kissed a store clerk and he was convicyed of assault. And spit has always been comsidered assault, so why not urine. Don't quit your day job brother.
Read the statute and case law you ignorant anonaslut
By Pete Nice
Mon, 11/29/2010 - 6:16pm
And then open your ignorant mouth. If he INTENDED to piss on her it would be a different story. And Boston isn't in New Hampshire if you didn't notice.
Piss Happens
By SwirlyGrrl
Mon, 11/29/2010 - 7:39pm
The pertinent legal question is a matter of aiming or non-aiming.
This guy has no manners
By Will LaTulippe
Mon, 10/04/2010 - 6:40pm
Looks like he needs an education after all.
That's how they do it in
By anon
Mon, 10/04/2010 - 6:41pm
That's how they do it in Vermont?
Maybe he's from the Cape
By SwirlyGrrl
Mon, 10/04/2010 - 7:54pm
http://www.universalhub.com/node/24088