Men Fight Charges After Being Nabbed In Bathroom Sex Sting
Posted: 5:17 pm EDT March 31, 2008Updated: 5:44 pm EDT March 31, 2008
DAYTONA BEACH, Fla. -- A former Daytona Beach commissioner and a former teacher are starting a circus in the courtroom over a simple misdemeanor crime. The pair was arrested in an all-men sex-sting in a Daytona Beach Sears bathroom.
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The men tried to get their case thrown out Monday afternoon in an unusual way. They sat together in the courtroom, David Behringer, the former teacher, and Mike Shallow, the one-time city leader. Their attorneys came ready with a mountain of information aimed at getting lewd and lascivious charges dropped.The evidence included 30 minutes of video of the Sears bathroom where the alleged crimes happened, 30 minutes of walls, stalls, and sinks and no less than eight witnesses were there to testify, including the Daytona Beach police chief and the Sears worker who first noticed a problem in the store.The motion to drop the case Monday was based in part on a security camera tape showing the bathroom door that was mistakenly erased. However, police said it wouldn't have mattered anyway, saying there was no camera in the bathroom, anyway, where the alleged incidents took place.Attorneys also attacked police lack of expertise and alleged they lost documents, all in an attempt to free their clients from a minor charge, although one with a serious stigma attached.The judge will likely take a couple of days to consider arguments before he rules on dismissing the case.
The men tried to get their case thrown out Monday afternoon in an unusual way. They sat together in the courtroom, David Behringer, the former teacher, and Mike Shallow, the one-time city leader. Their attorneys came ready with a mountain of information aimed at getting lewd and lascivious charges dropped.The evidence included 30 minutes of video of the Sears bathroom where the alleged crimes happened, 30 minutes of walls, stalls, and sinks and no less than eight witnesses were there to testify, including the Daytona Beach police chief and the Sears worker who first noticed a problem in the store.The motion to drop the case Monday was based in part on a security camera tape showing the bathroom door that was mistakenly erased. However, police said it wouldn't have mattered anyway, saying there was no camera in the bathroom, anyway, where the alleged incidents took place.Attorneys also attacked police lack of expertise and alleged they lost documents, all in an attempt to free their clients from a minor charge, although one with a serious stigma attached.The judge will likely take a couple of days to consider arguments before he rules on dismissing the case.
Previous Stories:
- December 12, 2007: Sears Bathroom Sex Sting Suspect Wants Police Chief To Stay Quiet
- November 2, 2007: Teacher Among 9 Men Arrested In Mall Bathroom Sex Sting
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