Jason D. Lamm Attorney at Law A Boutique Criminal Defense Firm Serving Phoenix

Making Mountaineers Out of Mole Hills

When the West Virginia Mountaineer football team came to Scottsdale last week, everyone was focused on the Cactus Bowl and the Arizona State Sun Devils. Well, almost everyone was. Everyone except for safety DaeJuan Funderburk.

Apparently, Funderbunk was more interested in harassing a housekeeper at the team's Scottsdale hotel and wound up grabbing the housekeeper and dropping his pants in front of her. Unconfirmed accounts from the housekeeper who was the victim of Funderbunk's advances said that he was trying to make a mountaineer out of his mole hill, but she ran off and reported the incident to hotel management.

Funderbunk, left hanging in the wind with his pants down, was later charged with indecent exposure, public sexual indecency, assault, and disorderly conduct. Anybody want to wager if there was some alcohol involved?

The Nuts and Bolts about Indecent Exposure

  • Indecent exposure is when someone exposes their genitals, anus, or nipples and is reckless about whether another person is present and would be offended.
  • The maximum penalty is 6 months in jail and a $2,500 fine.
  • A convicted person may be required to register as a sex offender.

Scottsdale Police saw fit to charge Funderbunk with the additional crime of Public Sexual Indecency. Although it may seem like an overlap with the indecent exposure charge, it's a whole different matter.

A Decent Rundown of Public Sexual Indecency

The crime occurs when someone commits indecent exposure plus does one of the following:

  • An act of sexual contact
  • An act of oral sexual contact
  • An act of sexual intercourse
  • An act of Beastiality

So it would seem that young Funderbunk likely had his little mountaineer in hand as he propositioned the housekeeper, thus drawing the additional criminal charge.

What Happens in Scottsdale Doesn’t Stay in Scottsdale

Scottsdale is a popular destination for vacationers, business meetings and conventions, and yes, visiting sports teams. Because of its many high-end resorts and the Old Town bar district, it's a natural choice for those who love to work and play. But no matter your purpose for coming to Scottsdale, police are sensitive and have almost zero tolerance for the drunken antics that routinely go on in Scottsdale bars and clubs. This is not Vegas.

The reality is that good people do dumb things on vacation. But when they do, you need to get legal representation that is experienced in Scottsdale courts and smart about keeping things discreet, so you don't end up on the front page, convicted, and off the football team like Funderbunk. If you find yourself in Scottsdale, for whatever reason, and had a bad night that you wish you could erase, contact us for a confidential consultation. We can help. And we won't make a mountain out of a mole hill.

If you are facing similar charges in Arizona, contact our Phoenix criminal defense attorney, Jason D. Lamm, for the legal representation you need to protect your reputation.