A Georgia man was charged with lewd and lascivious behavior because he was caught masturbating in front of an employee Tuesday at a Caledonia fast food restaurant.
Now his attorney is requesting a competency hearing.
Vincent Simms, 35, was charged with lewd and lascivious behavior, and three counts of bail jumping. If convicted, he faces up to three years in prison and/or fined up to $40,000.
Man Exposes Himself In Lewd Act
According to a criminal complaint by the Racine County District Attorney’s Office, Caledonia Police were called for a report of Simms watching an Arby’s employee through a window and masturbating. Standing outside the window, the employee confronted Simms. When he turned around, she told the police that Simms’ penis was exposed. He told the woman “his penis was burning.”
The woman told Simms to leave and stop bothering her employees. Simms left. But then later returned to stare at the woman and started masturbating again. The woman told her manager that she felt uncomfortable. The manager approached Simms and he fled the area, according to the complaint.
When the officer found Simms, he has his back turned toward him. Simms looked as though he had his hands in his pants. But the officer noted in the complaint that Simms’ zipper was down. He told the officer that the Oak Creek Police Department had dropped him off at the Pilot Travel Center  so that he could get something to eat. He said he wasn’t masturbating, that he has a skin condition that turns his skin black and that his penis started to burn, the complaint reads.
When the officer asked what the skin condition was, Simms said he couldn’t remember. The officer did a records check and discovered that Simms has pending cases out of Fon du Lac County: one for lewd and lascivious behavior, and another for disorderly conduct and bail jumping.
Competency Called Into Question
Simms is being held on a $100 cash bond. His attorney, Helmi Hamad, asked the court for a competency hearing. Racine County Court Commissioner Alice Rudebusch granted that request. The hearing has been set for 1:30 p.m. Oct. 10.