Wrongly Convicted Database Record
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Charge: |
Disorderly Conduct |
Sentence: |
90 days probation |
Years Imprisoned: |
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Year Crime: |
2014 |
Year Convicted: |
2015 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Pennsylvania |
County or Region of Crime: |
Allegheny |
City of Crime: |
Pittsburg |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jason Roy Waugaman was wrongly convicted in September 2015 of disorderly conduct for giving his ex-wife the middle finger in 2014 in Pittsburg, Pennsylvania. Waugaman's prosecution was based on a confrontation that occurred when he dropped the couple's children off at her apartment. Waugaman gave his ex-wife the finger as he sped out of the parking lot and went by her while she was standing about a yard from his truck. After a bench trial the judge acquitted Waugaman of reckless endangerment, while finding him guilty of disorderly conduct. Waugaman was sentenced to 90 days probation. He appealed. On October 31, 2016 the Superior Court of Pennsylvania overturned Waugaman's conviction on the basis his gesture did not constitute a crime because it was not obscene or sexually prurient under the Pennsylvania courts' interpretation of state law. The concurring opinion by Senior Justice Eugene B. Strassburger stated: Unless the First Amendment was repealed when I was not looking, giving someone the finger should not constitute a crime."" |
Conviction Caused By: |
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Innocence Proved By: |
"On October 31, 2016 the Superior Court of Pennsylvania overturned Waugaman's conviction on the basis his gesture did not constitute a crime because it was not obscene or sexually prurient under the Pennsylvania courts' interpretation of state law. The concurring opinion by Senior Justice Eugene B. Strassburger stated: Unless the First Amendment was repealed when I was not looking, giving someone the finger should not constitute a crime."" |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Pa. Superior Court reverses conviction for man giving ex the middle finger, By Matthew Santoni, Pittsburgh Tribune, October 31, 2016" |
Information Location 1: |
http://triblive.com/news/allegheny/11398165-74/finger-giving-waugaman |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org