At approximately 6:00 pm I was dispatched for a report of a male masturbating on the steps of College Ave. The reporting person, stated that she was driving past College Ave and she had witnessed a white male in his 40-50s wearing a winter hat, sitting on the steps of College Ave with his pants completely down, masturbating in plain view to everyone.
I arrived in the area a short time later, along with Officer Nevin (West 7). I witnessed a male matching the description in front College Ave walking along the sidewalk northbound on the even numbered side of the street. This placed the suspect on the same side of the street as College Ave., walking away from the reported crime. The male was wearing a winter hat. I would note, that the temperature was in the mid 50s, unseasonable for a winter hat. I had not observed any other individuals wearing a winter hat on the busy street.
I approached the male, who was identified as Alfred Smith. I asked Mr. Smith where he was coming from, and he stated he was walking from Davis Square. I informed Mr. Smith of the nature of the call I had been dispatched to, and he stated that he had urinated in public during the walk from Davis Square. I asked Mr. Smith where he had urinated and he stated it had been next to a car. I asked Mr. Smith if he could show me the area where he had urinated, and he stated that urine did not stay when you urinated against a house. I informed Mr. Smith that he had just stated he had urinated next to a car, and he stated that he had urinated several times. When I further pressed Mr. Smith to show me the area he had urinated, he was unable to.
Based upon the following facts and circumstances, I believed that Mr. Smith was the male who was seen masturbating on the steps of College Ave.:I placed Mr. Smith under arrest for the charge of Open and Gross Lewdness. Mr. Smith was transported back to the police station in prisoner transport vehicle Unit-200 by Officer Soares.
I was able to speak with the witness via telephone, who confirmed her statements to dispatch. Ms. Hattaway stated that she had “mainly seen his private area as he was masturbating while facing towards traffic.