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The New York Police Department arrested a 32-year-old man from Ohio on Wednesday for allegedly throwing a sex toy that hit other fans during a WNBA game earlier this month.
Police said Charles Burgess of Dayton, Ohio, attended the Aug. 5 game between the Dallas Wings and New York Liberty at Barclays Center and smuggled in a green sex toy that he later flung from the stands. The toy did not reach the court and instead hit a 12-year-old girl sitting nearby, according to police.
Burgess faces 10 criminal charges related to the incident, including multiple counts of assault. The top charge is second-degree attempted assault, a felony that carries a maximum sentence of seven years in prison. Among the other charges are interference with a professional sporting event, reckless endangerment, harassment and obscenity. Burgess pleaded not guilty to all charges.
A deposition from the Brooklyn District Attorney’s Office said an unnamed witness reviewed surveillance video that showed Burgess entering the arena and later pulling an object from his pants before throwing it toward the court.
The complaint said the victim “was struck by a large, hard object” shaped like a sex toy and suffered bodily harm. The deposed person identified the man as Burgess after viewing photographs of him from the Ohio Department of Motor Vehicles.
Video circulated on social media immediately after the incident showed a sex toy on the ground between rows in the stands, with a young girl sitting in a seat directly behind it. Other footage showed arena security appearing to search for the person who threw it. No arrest occurred that night.
Paul D’Emilia, an attorney for Burgess, said in an email to The Athletic that his client surrendered to authorities in Brooklyn after driving overnight from Ohio, where he owns an auto shop and lives with his wife and six children.
“He does not regularly attend WNBA games, he is a casual fan, and he is not involved in any of these or prior incidents,” D’Emilia said. “Mr. Burgess intends to vigorously fight these embellished and exaggerated charges. There seems to be video evidence that no one was actually struck by the thrown object, rendering any of the included assault charges unsustainable.”
D’Emilia also said prosecutors have “indicated a desire to speak to the defense, particularly in regards to others’ involvement in this fast-spreading phenomenon occurring at WNBA venues.”
Burgess is due back in court on Dec.15. He is at least the third person arrested this month for allegedly throwing sex toys during WNBA games.
The first such incident happened during a game between the Golden State Valkyries and Atlanta Dream. Police in Crawford County, Ga., arrested Delbert Carver, 23, and charged him with disorderly conduct, public indecency/indecent exposure and criminal trespass, according to court records.
An 18-year-old man named Kaden Lopez was arrested at a Phoenix Mercury game the following week after police said he threw a sex toy that hit a man and his 9-year-old niece. He’s accused of assault, disorderly conduct and publicly displaying explicit sexual material.
The Athletic reported earlier this month that the incidents appear tied to a cryptocurrency group using them to generate memes for publicity and potential monetary gain.
WNBA officials and players have denounced the pranks as dangerous and disrespectful. The league has said anyone who throws objects onto the court will face a minimum one-year ban from all WNBA games.
(Photo: Jerome Miron / Imagn Images)
