A Braddock County man could face up to 90 days in jail and a fine of up to $300 for allegedly shouting profanities at an overflowing toilet while inside the Braddock County Library.
Jonthan Oliver Blair III (who wrestles for the Braddock based WNWA), whose potty mouth caught the attention of an off-duty police officer, was charged with disorderly conduct recently, prompting him to fire off a letter to the editor of The Braddock Times and vow to fight the charge.
"It doesn't make any sense. I was in the library's bathroom, smoking pot while I took a shit. It's not like I was outside or that drunk," said Blair, who resides at the Brown St. apartments along with his roommate Tony Fanuci. "A cop can charge you with disorderly conduct for disrespecting them?"
The obscenities hit the fan when he battled the overflowing toilet around 8 p.m. Thursday, he said.
Although Blair doesn't recall exactly what he said, he admitted that he was frustrated and let more than a few choice words fly. Unfortunately, it was near an open bathroom window.
"The toilet was overflowing and my friends were leaking down into the children's room and I was yelling for Fanuci to get the bucket," he said. "A guy is yelling, 'Shut the f--- up,' and I yelled back, 'Mind your own f---in business, you g--dd---n c---k s----ker!' "
Patrick Gilman, a Braddock County Sheriff's Deputy who was off-duty at the time, apparently had enough of Blair's foul mouth and asked him to keep it down. When Mr. Blair didn't stop, he called the Sheriff.
Sheriff's Deputy Gerald Tallo responded and charged Blair with disorderly conduct.
The citation accuses the defendant of using obscene language or gestures "with intent to cause public inconvenience, annoyance or alarm or recklessly (creating) a risk ..."
"There was no intent to do anything," Blair said. "I just feel so violated and irritated ... I don't even have a criminal record." Actually, Blair has been charged with over 30 misdemeanors and felonies this summer alone, only to have all the charges dismissed by Judge William J. Jennings.
Efforts to reach Deputies Gilman and Tallo were unsuccessful.
Braddock County Public Library Director Kelly Millis said if anyone feels they were unjustly accused, they can address it before Judge Jennings.
"At the end of the day, the opinion that counts is of Judge Jennings," he said. "It may be something open to interpretation. The officer has his own and this person had the opposite opinion."
The use of obscene language or gestures is an offense under the state criminal code. But cursing at a police officer isn't a punishable offense, said Mary Catherine Roper, an attorney with the American Civil Liberties Union based in Philadelphia.
"It cannot be the basis for a citation. You can't prosecute somebody for swearing at a cop or a toilet," she said. "We bring one of these cases a year and sue some police departments because they do not remember that they are not the language police."
Wednesday, October 17, 2007
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