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NEW YORK — A Dayton man is charged with two counts of assault in New York after police say he threw a sex toy during a WNBA game and hit a 12-year-old girl.
Charles Burgess, 32, is accused of throwing the object during an Aug. 5 game between the New York Liberty and Dallas Wings at the Barclays Center in Brooklyn, USA Today reports.
Burgess pleaded not guilty after driving from Ohio and voluntarily surrendering himself to New York authorities, his lawyer, Paul D’Emilia, said in an email Thursday to The Associated Press. He was released pending his next court date in December.
The WNBA has been contending with fans throwing sex toys onto the court during games for the past several weeks. Since late July there have been incidents during games at Atlanta, Los Angeles and Chicago. Several people have been arrested, reports say.
In the incident at Brooklyn, WDTN Channel 2 reports authorities say security video shows the object didn’t reach the court but instead hit the young girl. USA Today reports the girl had pain in her leg but did not need treatment.
D’Emilia tells WDTN he believes the charges will be dismissed.
“I think eventually they’re going to be dropped. I can’t imagine why they charged, for example, the felony charge, attempted assault in the second degree,” D’Emilia tells WDTN. “That’s a serious charge for when you’re intentionally trying to hurt somebody.”
D’Emilia said Burgess is an auto body shop owner with six children and no criminal record. He said Burgess intends to “vigorously fight these embellished and exaggerated charges.”
The WNBA released a statement to the Cincinnati Enquirer saying that safety at arenas remains a “top priority.”
”We are working closely with local and federal law enforcement to pursue all appropriate actions − including arrest and prosecution with felony charges where applicable − against anyone engaged in this conduct or otherwise involved in sponsoring this reckless and unacceptable behavior,” the statement says.
(The Associated Press contributed to this story.)
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