The New York Police Department made headlines on Wednesday by arresting a 32-year-old man from Ohio, identified as Charles Burgess, for allegedly throwing a sex toy during a WNBA game earlier this month. This incident occurred on August 5 at the Barclays Center, where the Dallas Wings faced off against the New York Liberty. Reports indicate that Burgess smuggled in a green sex toy and hurled it from the stands, striking a 12-year-old girl who was seated nearby.
Burgess now faces a total of ten criminal charges stemming from the incident, including multiple counts of assault. The most serious charge is second-degree attempted assault, a felony that could result in a maximum sentence of seven years in prison. Additional charges include interference with a professional sporting event, reckless endangerment, harassment, and obscenity. Despite the severity of the charges, Burgess has pleaded not guilty to all allegations.
According to a deposition from the Brooklyn District Attorney’s Office, an unnamed witness reviewed surveillance footage that captured Burgess entering the arena and subsequently pulling an object from his pants before throwing it toward the court. The complaint notes that the victim was struck by a "large, hard object" shaped like a sex toy, resulting in bodily harm. The witness later identified Burgess through photographs provided by the Ohio Department of Motor Vehicles.
Immediately following the incident, video footage circulated on social media, showing a sex toy lying on the ground between the rows of the stands, with a young girl sitting directly behind it. Other videos depicted arena security searching for the individual responsible for the act. Interestingly, no arrest was made that night. Paul D’Emilia, Burgess's attorney, stated in an email to The Athletic that his client voluntarily surrendered to authorities in Brooklyn after driving overnight from Ohio, where he operates an auto shop and lives with his wife and six children.
D’Emilia emphasized that Burgess is a casual fan of the WNBA and has no prior incidents of similar nature. He intends to "vigorously fight these embellished and exaggerated charges," claiming that video evidence may show that no one was actually struck by the thrown object, undermining the assault charges. Furthermore, D’Emilia mentioned that prosecutors have expressed interest in discussing the involvement of others in this growing trend of throwing sex toys at WNBA events. Burgess is scheduled to return to court on December 15.
Burgess's case is not isolated; he is reportedly the third individual arrested this month for similar actions during WNBA games. The first incident involved a 23-year-old man named Delbert Carver, who was arrested in Crawford County, Georgia, after throwing a sex toy at a game between the Golden State Valkyries and Atlanta Dream. He faces charges including disorderly conduct and public indecency. Another incident involved an 18-year-old man named Kaden Lopez at a Phoenix Mercury game, where he is accused of assault and disorderly conduct after throwing a sex toy that struck a man and his 9-year-old niece.
Reports suggest these incidents are linked to a cryptocurrency group using them to generate memes and publicity for potential financial gain. In response, WNBA officials and players have condemned these acts as dangerous and disrespectful. The league has announced that any individual throwing objects onto the court will face a minimum one-year ban from all WNBA games, emphasizing their commitment to maintaining a safe and respectful environment for players and fans alike.
