Saying it was the best way to protect society, a judge ordered a 59-year-old Dublin man known for collecting and drinking urine in public restrooms to resume five years of house arrest, rather than sending him to jail for harassing his probation officer.
Alan D. Patton had wanted to serve 19 days in jail and have his probation for a criminal mischief conviction earlier this year terminated, his attorney Chris Soon said. Patton was arrested on Aug. 15 after he and his elderly mother left a series of voice mails for his probation officer, Sheryl Titus and for Michael Keller, chief probation officer for Delaware Municipal Court.
Upon being processed into jail, he also tested positive for methamphetamine, prosecutors said.
But Sunderman said probation, rather than serving a quick jail sentence and cutting him loose, would help keep Patton out of trouble. Sunderman also ordered that Patton seek out a mental health screening.
Prosecutors said Patton was frustrated that he was ordered to wear a GPS monitor, which prevented him from entering public restrooms.
“I think we’re getting through to Mr. Patton,” said assistant Delaware city prosecutor Joe Schmansky.
“Putting him in jail didn’t work.”
Patton would prefer to serve his time, and then “go out and do what got him in trouble,” Schmansky said.
Titus played recordings of a couple of Patton’s voice mails, left on Aug. 14 and Aug. 15. In one message, Patton railed against the judicial system, United States and religion.
He also told probation officers his probation would be “five years of torture,” and that he would contact terrorists who would then blow up the city of Delaware, Titus said.
Patton apologized for the messages, saying he was “ashamed” of them and that he hopes to live a quiet life and stay out of trouble as he approaches old age.
“I don’t want to live that kind of life. I just want to take care of my mother,” Patton said.
Following a bench trial last February, Sunderman convicted Patton of a misdemeanor charge of criminal damaging. A Delaware County sheriff’s deputy testified that while off-duty at a Lewis Center Burger King, he saw Patton behaving suspiciously near the restroom, and found toilet seat liners and toilet paper stuffed in one of the toilets.
However, Sunderman acquitted Patton of unlawful collection of a bodily substance, a law that was drafted with Patton in mind to address his history of unusual behavior. Unlawful collection is a first-degree misdemeanor, but becomes a fifth-degree felony if someone is convicted of the law multiple times.
Patton was labelled a sexual predator after a 1993 gross sexual imposition conviction, and has been convicted of various crimes related to his urine-drinking fetish dating back to 1978. He said in a 2006 court hearing he has been drinking the urine of young boys for more than 40 years.