On March 11th, 2025, South Windsor officers responded to a community center after a nanny reported a man in a parked car behaving suspiciously near children. That call was enough to legally stop the vehicle, and the legal justification was established before an officer said a single word to the driver. >> Hi, is this Chelsea? >> Yes. >> Hi, this is Officer Dabrowski, South Windsor Police. How are you? >> Good. How are you? >> Good. So, we have a couple officers that stopped that vehicle. They actually pulled out of the park. Can you please tell me exactly what it is that you saw? All right. Hold hold on one second here. So, first and foremost, where was the car parked? I'm assuming it's the lot further away from the community center and closer to the playground. Okay. Then, well, how many kids were you bringing back to the car? >> Two. >> Two kids, and you're the nanny of these children. >> Yes. >> What prompted you to call 911? What was he doing that prompted to you saying, "You know what? Something's not right. I'm calling the police." >> The motion that he was doing before he noticed me. >> Okay. And can you describe the motion that >> He was doing like arms up and down. >> Arms up. One hand, two hands? >> With the right hand. >> So, just a motion with his right hand, but you >> That's the side I was walking on. >> Okay. >> So, I was not on his left side, I was on his right side. >> Okay. >> And I could see from the back passenger seat. When I first saw him, he noticed me, he looked straight down. >> Okay. And I just want to confirm though, by the time you saw him, his pants were already off, and no point did you see his in his hand. All you saw was the motion. Okay. If we need to get a hold of you, we'll get in con- touch with you again, okay? >> Okay. >> All right. Thank you. Bye-bye. >> Thanks again. >> Oh, you're welcome. Bye-bye. >> Hey, sir. How are you? >> Can I help you? >> Yes. So, the reason I'm stopping you today is because we got a report of you with your pants down in the community center. >> Oh, no. I don't think so. >> You don't think so? >> No. >> Okay. Why would somebody say that they saw you pleasuring yourself in your vehicle at the community center? >> I I know. >> You don't know? >> No. >> Okay. what were you doing parked up at the community center then? >> I just pulled over cuz I live right down the street here. >> Okay, where do you live? >> Nevers Road. >> Okay, where are you heading to? >> I was just going to head out and go home. >> Head out and go home? >> Yes. >> You said you live on Nevers. >> Yes. >> So, where on Nevers do you live? >> Right down the other end. >> So, you're not going home then. >> No. >> You're going away from home, right? >> Yeah. >> So, why are you lying to me right now? Is it because you know you did something wrong? >> I didn't do anything wrong. >> Okay, do you have your license with you, sir? >> No. >> Sir, how come your pants are unbuttoned? >> Huh? >> Your pants are unbuttoned. Why would that be? >> I don't know. >> You do know. Somebody saw you, and now you're lying to me. I'm asking you questions. >> I don't have to answer. >> You need to answer them. >> I don't really have to answer you, man. >> Can you take your keys out of the ignition for me? Can you put them on the roof? >> So, another officer's going to speak with somebody that saw you. What is that person going to say? >> I don't know. >> So, where are you actually heading cuz you're not heading home like you told me. >> I don't know where I was heading. >> How much did you drink tonight? >> I don't know, a couple. >> A couple? >> Of what? The Bush in the back or something else? What was that? I can't hear you with the car. >> I had a beer in the cooler here. >> Okay, why do you need those in the car? You're right down the street from home. >> I live with my sister on Nevers Road down here. That's how I lost my license here. >> Is there a car? >> Is that why you felt you needed to leave the house to drink in your car and to pleasure yourself in a parking lot? >> I don't need to answer that. >> Okay, well, right now that's what we're investigating, so you kind of do need to answer. >> I don't really have to say anything. >> Yeah, you do unless you want to interfere with the investigation. >> Why is that interfering? I have the right to remain silent >> Listen, you you can, but at that point we're just going to base it off of what we got from our witness. >> And you're not offering up your side at all, so all we have is somebody else's side. >> Can you give us any reasonable explanation of why someone might have called and said that, and then we come up to your car and your pants are unbuttoned. Why why might that be? Cuz I don't typically drive around with my pants unbuttoned, so what's your name again? I'm telling you. Hey, has anything like this ever happened before? Have you ever been pulled over? >> Not for a long time. >> No? How old are you? >> I'll be 64 April 6th. >> Okay. How long have you lived in town? >> Not long. >> Not long? Where are you from? >> a year. >> Oh, okay. Where are you from? >> Manchester. >> Oh, okay. Have you ever been arrested before? >> Years ago. >> Yeah? Not for a while? Are you doing good? All right. Is just stressing out living with your sister? >> Well, she's not in good health, so I sold I had to sell my I sold I sold my condo and I'm taking care of her. >> Oh, that's tough. Are you tired? >> Just a little. >> Oh, okay. Do you used to work? >> Plumber for 45 years. >> Oh, no kidding. There's not a lot of people going into the trades nowadays. >> No. >> How long ago did you stop doing that? >> Since the COVID. >> Yeah. I lost three of my family members to COVID. >> I'm sorry to hear that. It was a lot worse than than people say it was. So, can you just explain Can you explain how much do you drink today? >> Not many. >> Not many? >> No. >> Listen, I mean, if you had a couple, that's not a big deal. So, hey, listen, before the other officer gets back up, were you doing anything? >> No. >> Like listen, man, I'm just asking. Like I get it. Like sure you weren't trying to be in view of anyone. >> No. I wasn't doing nothing. >> All right. Well, cuz you understand that's why we're a little concerned, right? Like you get that might that might kind of concern a couple of people, especially with there being kids up there, you know? Can you just look me in the eye and and tell me you weren't doing anything? >> I'm not answering that. >> You weren't You weren't masturbating? >> I'm not answering that. >> Well, you keep you keep looking away when you tell me that, which kind of seems like you might >> Well, I got a bad eye, you know. >> Okay, but you can look at me with your other eye, right? You seem to be looking away anytime I ask you a tough question, which kind of makes it seem like you might be maybe being a little bit untruthful with me. Cuz listen, I don't want to keep you here on the side of the road all day. If you were, it is what it is. >> I wasn't doing anything wrong. >> All right. Well, can you explain to me why your pants are down then? Like was it was it >> I I always when I drive Was it some like misunderstanding up there or? >> No. >> No? Well I mean listen I lied man. Is that a blanket or a towel what you got over there? >> It's pure I just opened it up and I put something in there. >> Oh, you covered it up. That makes sense. Hey David how are you? I'm Officer Dubrosky at South Windsor Place. How you doing? Listen, I'm going to be straight up with you okay? I've been a cop for the last 27 years. I know what I'm doing. I worked in internal affairs where I actually investigated other police officers, okay? The woman that I just spoke to at the park over there gave me a very different story of what these what you're telling these officers here. So let's just not beat around the bush and be truthful as far as what happened. >> I didn't do anything. >> You didn't do anything you didn't do anything what? You're at a park with little kids you got beers in the back seat. You don't live there. You're not babysitting anybody. Do you see where this is all going with you? >> right down the street. >> But you don't live at the you don't live at the park. >> I don't. >> So what were you what was your purpose in going to the park then? >> Nothing. >> Nothing? So you >> I go to the park every day almost. >> You do? >> Yeah. >> So why would it be that somebody who saw what you were doing, okay, is giving me a completely different rendition than what you're telling these two officers here. I'm going to be straight up with you. I'm not I don't lie. I don't beat around the bush. I just spoke with the woman at the park. You made this woman very very nervous with your actions with the way you were doing in the car. When we walk up your pants are unbuttoned. How does that look for you David? This isn't my first time on the job dude. So be straight up with me. What were you doing over there? >> I wasn't doing anything. >> You weren't doing anything. We're going to go we're going to play this game? Okay. All right. Sit tight. >> I'm not going I'm not going home tonight. >> No matter what happens I think you'll be going home tonight. Yeah. >> I know I know I'm going to jail. >> Why do you think that? >> Cuz >> Listen I get it man. Like if if you had some sort of urge or whatever and you didn't think anyone was going to see you. That's not a big deal. We're not over here accusing you of like being a pedophile or anything like that or a child We've all gotten urges before. I mean talking from you know, one guy to another, but I get making mistakes. And listen, honesty goes a long way with our department, too. >> We don't want to keep you any longer than we have to. Would you be willing to answer one more question for me? >> Yes, sir. >> Can you tell me if I asked you where you masturbated, what would the answer to that be? >> No. [clears throat] >> The answer's no, and that's not a lie? Cuz listen, I >> I wasn't quite there yet, >> You weren't quite there yet? >> No. >> You were just touching yourself? >> Listen, if you had your hand down your pants, we're not saying that you were >> pulling out your, you know, your your genitals or anything. Is that what happened? You just didn't climax, though? >> I didn't do anything. I told you. >> Yeah. All right. >> Listen, so we got one more thing to do. I'm going back to the review this video surveillance. Right now is your last time to be truthful with us, cuz I'm going back there right now to review the video. >> I wasn't masturbating. I did have my pants unbuckled, but I did have my but I I did not touch myself. >> You had your pants on but why would you have your pants on buckled? >> I got mental health too. >> Okay, I'm going You know what? I'm not beating the bush around okay? I'm going to check the video surveillance and if I if I find out that you're lying to me, you're going to be charged additionally with interfering with an officer. So, this is your last before I I walk way back to my cruiser and I pull away. >> I told you I didn't really do much. I was ready to do something, but I >> What were you ready to do? >> I was ready to do something, but I wasn't there. >> What do you mean you weren't there? >> I don't have much more to say. >> Okay. >> All right, so while Officer Dabrowski checks that, are you ready to use your big boy words and actually tell us what happened or no? >> I just told you. >> No, you didn't, though. >> Yes, I did. >> You're not telling the >> I had my pants down, but I didn't start doing anything. >> You had your pants out? >> No, not yet, but >> You just said that you had your >> Yes. Like that. >> Okay, so what did you just tell me? >> I was ready, but I didn't do anything. >> You were ready for what? >> I was ready to do something. >> What is the something? >> something, grab my penis. >> And what is something? >> I was ready to grab myself, but I didn't get >> Okay, how far How far did you get? This is very important. Okay, you need to be as specific as possible. >> I'm being honest with you. That's all I know. >> What do you mean that's all you know? You were there. Okay, so what specifically >> I have my pants off, okay, but I I didn't do anything else at that point. >> But you were planning on it, like that was the plan. >> I was. >> You're being honest. We're on a roll with it, so you might as well be fully honest, right? Why the community center? Like why the park? >> I don't like staying at home. I live with my sister. I take care of her. She's 80 years old. >> Yeah, I get that. You needing to get out of the house and everything. >> All right. I'm going to have you step out of the car for me. >> What happened to this part here? >> What? >> This part that normally goes up. >> I don't know. >> All right, turn around and face your vehicle. All right, so right now you are under arrest. I will read you your rights momentarily and I'll explain everything, okay? >> What What is the charge? >> Uh the charge So, as of right now, we have resisting injury. Do you have any other questions about your rights? >> Okay. Whose car is this? Your sister's car? >> Yes. >> And what's her phone number so we can give her a call so we don't have to tow it? >> My sister is incapacitated. I take care of her. >> All right. And that's your niece, and she's You're all right with her taking the car so we don't have to tow it? >> Yeah. >> Okay. Well, that's your okay. You're okay? >> I guess so. >> Okay. We're only going to >> I got a bad leg, so I'm going to have a hard time getting in here. >> Okay. Well, here's what we're going to do. I mean, have you turn towards me, okay? And you're going to Here you go, sit down. There you go. A little bit more Are you in? >> Yeah, I am. >> All right. It's only a quick little a quick drive, so >> Hi, are you Bonnie? >> I am. >> Do you have your ID? Are you aware of what's going on? >> I have a really bad feeling. >> Okay. So, he he is under arrest. I'm I'm not here to sugarcoat anything. I'm just going to be straight up with you. We had an independent person call, explain what she saw while she was walking two kids back. her uncle? >> Yes. >> Was parked watching some kids and the motion of his hands were inside the vehicle while he's drinking beers and he has marijuana in the car, which is >> It's honestly legal, yeah. >> Okay, I don't believe it's legal at a public park though in the town of South Windsor. I don't believe that. He's not getting charged with that, but I mean he he is going to be getting charged with some other crimes pertaining to what we were told and to what he told us. >> Okay. >> All right, Bonnie, you're all set to take the car. >> Okay, thank you. >> Just real quick, cuz I have to relay that information cuz it's kind of pertinent. He has made many threats in the past about suicide. He's never acted upon it and you according to and and he was he lost his eye due to a mugging many many years ago. >> Yeah, probably in the 90s. >> He says he has an explosive temper. >> He can. >> He can be at times. >> When he's drinking. >> When he's drinking. >> Yeah. >> Okay. >> Otherwise, he's So, he's going to be housed obviously right here. >> Okay. >> Um >> Probably overnight. >> If he doesn't make bond, yes, ma'am. >> But you have no idea with that bond. >> know if that's going to be up to the supervisor on duty. And he resides over here at 477 Evers? >> he came to help live with my mother, his sister, to help me take care of her cuz she's, you know, elderly and doesn't get around well. >> But let me ask you this, does he generally hang out in Evers Park? >> Nope, never seen him here before. >> He has a group of friends that at his old condo complex and that's usually where he goes and hangs out with them. Even like in the summertime, they have a pool and he is at the pool and all the kids love him. He teaches them how to swim and so there I just it's just never been anything like this before. I just don't know what could have driven this to happen. >> Just walk with me and we'll take those cuffs off in a second, okay? Right in through here. >> All right, excuse me. I got a bad leg. >> That's okay. You can take your time. All right, and go ahead and sit on that white line right there. >> You got a bad leg? >> What did you do to your leg? Did you injure it or just a bum leg or what? >> Oh, man. >> And how old are you, sir? >> I'll be 64 in April. >> 64? okay. We're going to have you take a seat on that grey bench, okay? And then you can keep your arms at your sides. >> Well, I got to pee. >> How bad do you have to pee right now? >> Not not too bad yet, but I will have to. >> Okay. All right. You want to wash your hands? I'm going to pour your water and everything. So, hopefully it won't be too long. I'll be back in a little bit with something to eat. You know, we're coming up on dinner time. >> Can I get some water or something? >> There's a sink upstairs. I'll get you a cup, okay? You want a blanket or anything? >> Sure. >> All right. OKAY. ALL RIGHT. HI BONNIE. >> YES. >> HI, I'M OFFICER WAYS. YOU can come on in here. Your sister to these He's going to have to go to court on the 26th to Manchester Court, and that's He does have three charges. So, those are risk of injury, breach of peace in the second degree, and then public indecency. So, his total bond was $17,000, but with the like cash surety or 7% cash option, that brings us to the $1,190 that you can present today to get him out. So, by you presenting that cash, that means that he needs to go to court. If he doesn't go to court, then you are liable for the $17,000, like the full amount of the bond, and then he can get re-arrested. Do you have any questions on that? >> No. >> Okay. All righty, and you have the exact amount? >> I do. >> Okay. We'll start COUNTING THAT NOW. ALL RIGHT. THANK YOU. >> BONNIE, HOW ARE YOU? >> HE'S NOT HE'S NOT ALLOWED TO RETURN TO THE COMMUNITY center parking lot building or anything like that, at least until after the court date. They If our officers see the car there or something like that, he's going to be arrested for trespassing. So, she's going to explain it to him, but that's those are just special condition. So, he's going to get released, obviously. He posted his bond, but he's not allowed to return there. All >> All right. I kind of figured something like that would happen. >> Sure. Yeah. We just make sure we write it in so that he understands it and isn't going to try to >> All right. The bond is here. We'll just toss them in that big bin and then we're going to go back to the gray bench, okay? Again, you have those three charges we went over. Your total bond was $17,000. Bonnie deposited the $1,190. You need to go to court. If you don't go to court, Bonnie loses out on the money she deposited. She's liable for the full amount of your bond, and you can be re-arrested for the same stuff all over again. >> Oh, they're going to hold her? >> Yeah. You do have one condition of your release, so you are not to return to the community center on Evers Road. That is in effect until at least your court date. It might extend after court depending on what the judge decides, but you cannot go back to the community center parking lot, anywhere on that property. If you do, you will be trespassing and we can arrest you for that, too. Does that make sense? >> Yeah. >> Okay. All right. So, Bonnie is parked in the front lot. You go out this door right to the front. >> A named, identifiable witness describing specific conduct is not a vague tip. Under Terry versus Ohio, that kind of report clears the threshold for reasonable, articulable suspicion on its own. When the officer approached, he saw unbuttoned pants. That observation, stacked on a witness account describing exactly the conduct that explains unbuttoned pants, moved the encounter toward probable cause before any question was asked. The subject twice gestured at the Fifth Amendment, said he didn't have to answer, later referenced staying silent. Neither statement worked. Under Berghuis versus Tompkins, silence must be invoked unambiguously. He hedged both times, then kept talking. That is a waiver, not an invocation. Once a suspect continues answering after an equivocal reference to silence, courts treat it as voluntary. Roadside questioning before formal arrest is non-custodial. That line was drawn in Berkemer versus McCarty. Miranda warnings are not required until the suspect is in formal custody or equivalent restraint. Rights were read after the handcuffs went on. Correct sequence. Officer Debrowski told the subject he was reviewing surveillance footage. Whether it existed is beside the point. Frazier versus Cupp settled this police may use deception during questioning as long as it does not rise to coercion. It did not here. The subject said he was not there yet. That phrase does not help him. Connecticut General Statutes Section 53-21. Risk of injury to a minor does not require completion of a sexual act. It requires a situation likely to impair a child's morals. Children were present in the lot. The element is satisfied regardless of whether the act was completed. That charge is a class C felony 1 to 10 years in state prison, not county jail. A conviction strips firearm rights under federal law, affects housing and employment, and opens the door to sex offender registration under Connecticut General Statutes Section 54-251. Two misdemeanor counts run alongside the felony breach of peace in the second and public indecency, each carrying 6 months. Consecutively with the felony, the ceiling is 11 years. Concurrently, the felony controls. Bond was set at $17,000. First-time felony in Connecticut on charges like this typically resolves well below the maximum probation, suspended sentence, mandatory treatment, no contact order. The subject's caretaker role and disclosed mental health issues are mitigating. They matter at sentencing. They do not change the charge. Officer Debrowski earns a B+. Legally sound interview rapport, permissible deception, correct Miranda timing, and a voluntary admission produced without coercion. The one blemish is the second officer's big boy words comment, Unprofessional in a recorded encounter. The subject gets a D. He lied about his destination within the first two minutes. A lie caught immediately. He partially invoked silence, then kept answering. He eventually told the truth and that matters at sentencing, not here. Three takeaways. First, invoking the Fifth Amendment is not a spell. Saying the words and continuing to answer is a waiver. The invocation has to be clear, early, and it has to hold. Keep talking after invoking and the protection is gone. Third, completion is not the legal threshold for most public indecency or risk of injury charges. Proximity, intent, and a child in the area are enough. Not there yet is not a defense. It is a confession with extra steps. 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