Homeless man arrested for charging phone in park

[The Straight Story]

Homeless man arrested for charging phone in park

SARASOTA - A homeless man spent the night in jail Sunday after police arrested him for charging his cellphone in a public picnic shelter at Gillespie Park.

Darren Kersey, 28, was charged with theft of utilities after Sarasota Police Sgt. Anthony Frangioni spotted him charging his phone at about 9:20 p.m. Sunday. Unable to come up with the $500 bail for the misdemeanor, Kersey had no choice but to stay in jail.

In his arrest report, Frangioni wrote that he told Kersey that the “theft of city utilities will not be tolerated during this bad economy.” Frangioni also told Kersey that he should charge his phone at local shelters, according to the report.

But Monday morning Circuit Judge Charles Williams threw the case out, saying Frangioni lacked the legal justification to make the arrest.

Frangioni, a 14-year veteran of the Sarasota Police Department, did not return calls or emails seeking comment for this story. Neither did City Manager Thomas Barwin.

http://www.heraldtribune.com/article/20121112/ARTICLE/121119888/2416/NEWS?p=1&tc=pg

[DCKit]

1. Love it: "Circuit Judge Charles Williams threw the case out". nt

[jberryhill]

9. What was the charge?

[msanthrope]

11. Your pun seems static.

But on a serious note, I love how Sarasota lets you charge your electric car for free at City Hall--if you are well-off enough to afford one.

[jberryhill]

12. Conduct yourself appropriately

[kentauros]

14. And beware of the Hall Effect

[MadrasT]

2. Absurd.

They would spend more on city resources to go after someone for something like this, than the amount of electricity he would use charging his phone.

Idiots.

Not to mention, give the homeless guy a break.

Idiots. Heartless idiots.

[EOTE]

13. Several hundred times that amount.

It probably costs around a dime for him to charge his phone, yet probably hundreds for arresting him. This is what we get in an oligarchy.

[Lady Freedom Returns]

3. Sounds right.

There is an officer here in Tucson like that. He get mad at homeless people for filling water bottles at a park in his beat. Had a run in a time or two when I was homeless. As for charging phones in shelters, I know for a fact that many won't let you. I have said this before and will again, being homeless sucks!

[struggle4progress]

4. Wow! He plugged in his cellphone charger and took electricity worth a fraction of a cent!

Fortunately Dudley Do-right was there to save the city!

[Shade7M]

5. That fine seems a bit steep...

Perhaps they could charge him the exact dollar amount of the electricity required to charge his phone. Then they could also bill the cop the exact dollar amount of taxpayer funds spent pursuing this "theft" case, with an extra Asshole Tax added...

Then again, I suppose it's all about the principle; this homeless guy committed the blasphemy of being down and out in the Land of the Fee, the Home of the Slave. How DARE he not have any money!

[Ed Suspicious]

6. I'm betting his phone died.

Frangioni, a 14-year veteran of the Sarasota Police Department, did not return calls or emails seeking comment for this story. Neither did City Manager Thomas Barwin.

[bakpakr]

7. This does not surprise me in the least.

Many in this country do everything they can to make the homeless go away.

There are also many who do whatever they can to assist the homeless.

I have been homeless a time or two in my life and am about to become homeless again. My current situation places me directly in the middle of the assistance available. I make to much to qualify for several programs and others I don't make enough. Thus there are no programs available for me.

I went to our local Homeless shelter CEO with a proposal. My proposal was that with the assistance of the organization we would identify one or more individuals in their program that are working but do not make enough to afford housing. We would then partner them with myself and enter a roommate situation. Thus spreading the expenses out making it affordable for all involved. A win win situation. I would have housing, and the current program participants would be moved from homelessness to having a home. I was turned down flat by the Program CEO.

I make to much money to participate in their program.

Also I am a vet but because of my current situation of having a home I am unable to participate in the vet programs. But once I become homeless I qualify, but there is a 2 year waiting list for Vet homeless assistance.

Talk about between a rock and a hard place.

[liberal N proud]

8. That is just harassment

Kicking someone while they are down, is just cruel.

[msanthrope]

10. You know what would be perfect justice? Video of the officer doing what all cops do on the job--

errands and personal cell phone use.

[Renew Deal]

15. The cop was being a jerk

I'm glad the case got tossed.

[Shankapotomus]

16. Will somebody get that man a solar charger?

Jeez.

[theKed]

17. So...wait...

This man was in a public park. At a public picnic shelter. What, exactly, is the issue? There was an outlet there - what were they expecting? Nobody to use it? Was there a sign "you must be THIS wealthy to plug in"? Maybe a little honour-system-donation can for the city? Oh, i understand. Free power outlets are only for respectable looking members of society.

This is a fucking joke.

[thecrow]

18. I was just going to say this!

What is it about PUBLIC parks that the officer doesn't understand?

[Taitertots]

19. So if there was no legal justification to arrest him, when is the officer going to be punished

How is it not against the law to arrest someone when they have not broken any laws?