LACONIA — A city man is being held on $50,000 cash only bail after allegedly exposing himself to some under-aged children Monday night.
Timothy Donehey, 58, of Union Avenue is charged with one felony-level count of indecent exposure and lewdness according to paperwork obtained from the 4th Circuit Court, Laconia Division.
Police said the two children told them an "intoxicated" man came up to them and asked them to "hold his beer" while he tried to get into his apartment building.
The children said he pointed to a star and asked them what it was and they told him it was a star. He said "that's right" and then "he bent over, pulled down his pants and exposed his genitalia to them."
Donehey allegedly continued to say "I love you kids" and "come up to my apartment."
The children told an adult who called the police. Affidavits said when police got there and spoke to Donehey he said "Yeah, sorry about that, I thought it was really funny."
When police asked him if he was a registered sex offender, he said that he was but that he still thought it was pretty funny. Police described him as being highly intoxicated.
Although Donehey was taken into custody on Monday at 9:29 p.m., The Sun has learned that he was unable to face a judge on Tuesday because at 7 a.m. his blood-alcohol content was allegedly at .144 — almost two times the legal driving limit of .08.
He appeared by video yesterday morning at 10 a.m.
During his arraignment, City Prosecutor Jim Sawyer argued for the high cash bail telling Judge Jim Carroll that Donehey had three similar convictions — one in 1993, one in 1996 and one in 1999.
Sawyer said the paperwork from the Massachusetts State Court system showed in 1999 Donehey exposed himself to children while on Boylston Street in Boston by opening his fly and swinging his hips.
In August of 2013, Donehey was indicted by a Belknap County grand jury for failing to register as a sex offender.
"This is no joke," Sawyer said. "This is a serious offense."
Sawyer said Donehey's alleged actions and cavalier attitude when approached by police show he has a "lack of appreciation" for the severity of his act and a "lack of control" over his behavior.
Public Defender Allison Schwartz said that Donehey should be released on $2,000 cash bail — an amount that more closely reflects what he is able to post.
Schwartz said he is a Mohegan Indian who gets a fixed amount of income from his Connecticut tribe and could not possibly post $50,000. She also said he was "intoxicated" and admits he has a drinking problem. She said he has been going to AA meetings and is more than willing to abide by any conditions set by the court including no contact with minors.
She also said his Massachusetts convictions are "somewhat removed in time."
"Alcohol is not an excuse," said Sawyer. "He exposed himself. He invited them up to his apartment."
Judge Carroll said he had "grave concerns for the safety of the public" and set his bail at $50,000 cash. Should he post bail, he is ordered not to have unsupervised contact with anyone under the age of 16 and to report daily to the Laconia Police Department for a portable breath test for alcohol.