OSWEGO — Local landlord Douglas Waterbury, up on criminal charges of third degree patronizing a prostitute, a class A misdemeanor, and public lewdness, a class B misdemeanor, may walk with an adjournment in contemplation of dismissal and a $500 donation to an unnamed charity.
That offer came from Oswego County District Attorney Gregory Oakes’ office Jan. 14 at Waterbury’s arraignment before City Court Judge James Metcalf. Waterbury pleaded not guilty to both charges and was ordered released on his own recognizance (purely a legal term in this case as Waterbury was not confined) with a return court date of Jan. 21 at 9:30 a.m. All City Court hearings are presently virtual due to COVID and resemble Zoom meetings. No one but the judge appears in person.
Waterbury, 60, was arrested by Oswego police Dec. 9 following a complaint, according to police, made Sept. 30 of a “male exposing himself while leaning into a vehicle that was in public view.”
Police said the complainant was able to provide them with a video and photographs of the vehicle that was involved in the incident, and that investigators from the criminal investigation division were able to identify the owner of the vehicle and later identified a female victim in the case. The victim, police said, provided information that a person did solicit her to engage in oral sex for money.
According to police, as a result of that investigation, Waterbury was arrested and charged with two misdemeanors. A class A misdemeanor is punishable by up to 364 days in county jail and/or a $1,000 fine. A class B misdemeanor is punishable by up to three months in county jail and/or a $500 fine.
Criminal charges are wiped clean by an adjournment in contemplation of dismissal after six months without further criminal activity on the part of the defendant. If Waterbury adheres to that requirement, his record will be sealed by the court, and his arrest and criminal court appearances in relation to these charges will be as if they never happened. Furthermore, as part of obtaining an adjournment in contemplation of dismissal, the defendant (Waterbury) does not plead guilty and admits to no guilt whatsoever.
Public lewdness is not considered a sex offense in New York state, but patronizing a prostitute is, and New York state requires the patron to register as a sex offender. An adjournment of these charges in contemplation of dismissal relieves Waterbury of that possibility.