PITTSFIELD -- A city man is facing charges for allegedly exposing himself to a woman after she caught him urinating on her barbecue grill.
Kristopher Demary, 36, of West Street, appeared in Central Berkshire District Court on Tuesday to answer to a summons in the case. He pleaded not guilty charges of felony open and gross lewdness and misdemeanor disturbing the peace as a subsequent offense.
About 11:30 p.m. on June 28, a 21-year-old woman told police that at as she was walking back to her house on Wellington Avenue after work with her 13-year-old brother when they saw Demary urinating near her fence and onto her barbecue grill, according to a Pittsfield Police report.
When the woman told him to stop, Demary allegedly cursed at her and then chased her around her front yard while still exposed. She told him she would call the police and he responded that he wasn't afraid of the police, according to the report.
The woman said she ran inside the house, retrieved her mother's phone and called the police. Demary "zigzagged" down the street and left the area, she told investigators.
She told police she had never experienced anything like this, was scared and didn't know what Demary was going to do.
"Well, if he's gonna chase me around with it out... I didn't know if he was gonna do anything else," the woman told investigators.
Demary called the charges "ludicrous.
His attorney, David Pixley, said his client had a knee brace at the time and didn't chase the woman. He said his client's record didn't indicate any sexual deviancy, but that he did have issues with alcohol and was currently living at a halfway house.
Demary also is facing charges of indecent exposure and disorderly conduct as a subsequent offense for a similar incident in April, according to Assistant Berkshire District Attorney Dana Parsons, who asked the court to revoke Demary's bail on that case.
Parsons said on the afternoon of April 13, city police responded to Worthington Street for a report of a disturbance and found Demary shirtless and rolling around on someone's lawn. A 56-year-old man told officers he found Demary passed out on his lawn, nearby on Center Street, and when he told Demary to move along they had words before Demary began to urinate all over the man's yard in front of the man's 19-month-old daughter, according to a probable cause report.
Demary pleaded not guilty to those charges as well.
On Tuesday, Judge Fredric D. Rutberg denied the prosecution's motion to revoke bail. He released the defendant on personal recognizance with the condition that he remain in the halfway house and abide by that facility's rules.
Demary is due back in court Sept. 25.
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