Suspect’s ‘men designed to urinate outside’ defense doesn’t wash with Fort Wayne Police

A man who allegedly extended his middle finger to an off-duty police officer while the suspect was urinating in public didn’t believe what he was doing was illegal and defended his actions by saying men are made to pee outside, according to a Fort Wayne Police report.

According to the report, the following occurred:

Police officers were called at 3:15 p.m. Saturday at Alberto’s Mexican Grill, 2529 S. Calhoun St., to a report of indecent exposure. An off-duty officer said he had come out of the restaurant after he finished eating and was going to leave with his family when he saw a man walking unsteadily across the parking lot. The man stopped between several parked vehicles and unzipped his pants to urinate. The officer used his unmarked vehicle’s electronic air horn to get the man to stop. However, the suspect responded by extending his middle finger, so the officer activated his vehicle’s emergency lights and got out to speak to him.

“He observed that the male was in a state of intoxication so he placed the male into handcuffs for his safety and contacted dispatch for an on duty uniformed officer to assist.”

The 51-year-old suspect said he had gone into the restaurant to have dinner but when he went to use the bathroom he found the door was locked from the inside. He tried twice to get in before going outside to the parking lot to relieve himself.

“When asked why he would do that he stated that he could not wait and that he has urinated previously in the parking lot … so he did not see a problem.”

He had not realized the horn came from an unmarked police vehicle.

“When the officer got out to speak to him he was very cooperative but he did not think that what he had been doing was wrong. When asked why he stated that males are made to urinate outside and it should not be an issue.”

He told police that Indiana does not have a valid public intoxication law and he could not be arrested, but an officer told him he was mistaken. Police found two 100-milliliter bottles of Fireball Cinnamon Whisky in his pockets, one of which was empty. His blood-alcohol level tested at 0.23, but during a second breath test his level was 0.26 so he was taken to a hospital for a medical clearance.

The man said he was diabetic and had not eaten yet that day so officers gave him Pop Tarts and a glass of water. He received a medical clearance and was taken to Allen County Lockup on a misdemeanor charge of public intoxication. A public defender was appointed to him Tuesday in Allen Superior Court.