Judge Ronald L. Chapman
|DEFENDANT: Jaytreal Dominick Sims
DEFENDANT ATTORNEY: Simon Massie, appointed
ADA: Kevin Long
CHARGES: Misdemeanor INDECENT EXPOSURE 2014243409
Victim testified that she got to the Charlotte Mecklenburg Aquatic Center about 10:00 am on 11/3/14. She swam laps for 20 – 30 minutes and noticed the defendant walking in the pool area. After swimming the victim went to the women’s locker room, removed some items and went into the women’s shower room. Both rooms were empty. She took her shower facing the wall. When she finished, she turned around and there was another person taking a shower facing the wall opposite from her. Victim entered a bathroom stall and noticed that the other person was a male before she closed the door. This was the only time she saw his penis. She got dressed, went to the front desk and told Priscilla who was on the desk that there was a man in the women’s shower room.
Rodney Sellars, the Aquatic Center manager was told. He testified that someone else had complained of a man in the women’s shower room and that the police had been called. He said that when he looked at the security tape the defendant went into to shower room for the second time when this victim saw him. He said there are 3 signs each for the men’s and women’s areas: on the exterior wall; on the door; on the interior wall. The defendant has been banned from the Aquatic Center.
Detective Crawford testified that he stood where he could see all of the areas and reiterated what Mr. Sellars said.
Officer Baucom testified that the defendant went into the men’s area casually. When asked his name, the defendant gave an incorrect first name. He said he just went back into the women’s area to get his ring, necklace and watch that he had left there.
The defendant testified that this was the first time he had gone to the Aquatic Center and that the woman on the desk hassled him so he just went directly to the pool area. He said that he heard the shower running when he first went into the shower room but that he didn’t see the defendant because of it being his first time there and not paying attention to either the signs or to her. He said that the second time he went to the women’s area he was only there about 30 seconds. Defendant contradicted himself several times on facts.
Judge Chapman stated that he felt there was reasonable doubt of the defendant’s guilt. The 30 seconds was a sticking point. The Judge said that there was officer testimony that the defendant had been in the women’s area for 30 seconds the second time.
In closing, the ADA said that whether the defendant went into the women’s area 2 or 3 times, his behavior was questionable and why would he give a false name if he had not done anything wrong. It was also important that the police detective was already on site when the incident with this victim occurred.