A warrant is in the works for a Franklin man who exposed himself twice last week in Franklin.
Daniel Devon Mitchell, 23, is charged with two counts of public indecency, both misdemeanors.
The Franklin Police Department submitted a probable cause affidavit to the Johnson County Prosecutor’s Office on Friday. Mitchell had not been arrested Tuesday afternoon, but a warrant will be served in the coming days, said Joe Villanueva, prosecutor.
A man fitting Mitchell’s description exposed himself twice Oct. 27 at two businesses on Morton Street, according to court documents.
The first incident occurred about 3:45 p.m. at a check-cashing business. Two employees were inside when Mitchell exposed himself. A witness said he asked them to look at his genitals, which he was touching at the time, court documents say.
The witness told police Mitchell was asked to leave repeatedly. He ignored several requests, but eventually complied and left, threatening to return later, according to court documents.
Another witness said a man fitting Mitchell’s description flashed them at a Franklin department store. He approached them with his genitals exposed while they were picking out a new furnace filter. He asked them to touch him, among other requests, the witness told police.
The witness left the area and reported the incident to employees at the store’s pharmacy, who then contacted the store manager and police, court documents say.
Franklin police posted still shots from security camera footage on social media following the second incident to enlist the help of the public to locate the man, who left both areas before police arrived, according to court documents.
After seeing the picture of himself on Facebook, Mitchell contacted Franklin police and was interviewed Thursday, court documents say.
Mitchell admitted to both incidents and said he knew one of the victims, according to court documents.
Police released him following the interview because Indiana law prevents them from arresting individuals for misdemeanor crimes without personally witnessing the crime, Villanueva said. There are several exemptions to the law which allow police to arrest an individual with probable cause, including operating while intoxicated, battery causing bodily injury and invasion of privacy. But public indecency is not exempted from the law, he said.
So, while police could not arrest him, the prosecutor’s office considered the evidence and determined there was enough probable cause to file charges.
