Defense for man masturbating on Hwy 101 is that "he was drunk as a skunk" and he did not have intent "because he was hammered."

Today, jury selection started for Todd Kinley in Courtroom 1. He is  charged with two misdemeanors which were filed 4/20/16.

Count 1 is PC 314 (1) Indecent Exposure The complainst states that "on or about April 17, 2016"
Kinley "did unlawfully expose his person, or the private parts thereof, in a public place, and in an place where there were other persons present to be offended or annoyed thereby"

Count 2 is 647 (f) Disorderly Conduct, Under the Influence. Kinley is charged with being "under the
influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any
intoxicating liquor,  drug, controlled substance, or toluene,in such a condition that he or she is unable
to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of anyintoxicating liquor, toluene, or any combination of any intoxicating liquor, drug, or toluene,
interferes with or obstructs or prevents the tree use of any street, sidewalk, or other public way."

He spent three days in jail and is out of custody. The case is being prosecuted by Deputy District
Attorney Whitney Barnes. Kinley is being represented by Public Defender Luke Brownfield.

Another complaint was filed for him on 4.26/16. He was charged in Count 1 with being a fugitive from justice charged with a felony who "unlawfully entered Humboldt County on a warrant issued by Montana with no bail amount."

He waived his right to a hearing and will be transported to Montana, pending the outcome and result of this case.

Seven men and five women were selected as jurors with two alternates, one man and one woman. Jury selection started after 10 a.m. and ended around 3:15 (with lunch from noon to 1:30).

At 3;30, Judge John Feeney read the preliminary jury instructions and the complaint.

Ms. Barnes gave her opening statement. "On April 17, Daniel Ward was driving on 101 between Arcata and Eureka. On the side of the road, he saw the defendant masturbating. He called 911. Officer Phillip Price responded."

"Officer Price saw the defendant with his shirt up to his navel, pants down to his knees and his penis was erect." Kinley was found to be under the influence and was arrested.

"Daniel Ward is a CHP officer from Del Norte County who was off duty that day," said Ms. Barnes.

Mr. Brownfield said, "This is difficult for Mr. Kinley. The allegations against him are embarrassing, to say the least.  Mr. Kinley went out for drinks, he takes prescription meds and smokes weed."

"The CHP officer saw him with his pants down. You will see that Mr. Kinley was slurring his words, he reeked of alcohol. He blew a PAZ that was over .18, more than twice the legal limit."

"Mr. Kinley was drunk as a skunk. We are not going to dispute the facts. Mr. Kinley is charged with two crimes. Drunk in Public is clear. However, Count 1, indecent exposure, is a crime that requires specific intent. Mr. Kinley did not have the thoughts going through his head that the people require. Why? Because he was hammered."

CHP Officer Ward was the first witness to testify and the only one before court adjourned for the day.

"On April 17, 2016, around 4;45 a.m., I was driving home to Sacramento from Del Norte County, where I work. Driving southbound on 101, I saw a male adult on the west side of the road with his pants down and he was fondling himself."

Officer Ward said he was in the number one lane, the fast lane. Another vehicle was "in front of me in the number two lane and I saw their brake lights."

While it was dark outside, "some street lights were up," said Officer Ward.

"The person was standing, facing the roadway, with his pants down past his kneecaps and fondling himself. I did not come to a full stop but it seemed to be that the man was manipulating his penis."

Officer Ward said he called 911 because it was "offensive behavior to me and others." He testified that "it seemed like he didn't react to other cars passing by. The cars passing by didn't change the way he acted."

During cross examination, Mr. Brownfield asked Officer Ward about a statement that Kinley "seemed he was out of it."

Officer Ward said he could not recall the exact words but they were something similar.