The Charlotte County Sheriff’s Office conducted one of its routine undercover operations to combat sexual activity in local parks on Thursday.
Six deputies were involved in the operation at Charlotte Flatwoods Environmental Park at 15801 Tamiami Trail in Punta Gorda.
The undercover deputy waited for someone to arrive at the park, and the two talked about fishing and tattoos, according to the arrest report.
The two men walked down a trail together, and the deputy asked Donald Busa, 73, what he was looking for. Busa responded, he was looking for oral sex, the report states.
The deputy and Busa continued to walk down the trail, “looking for a secluded spot,” the report states.
The man started to touch himself over his pants, and the deputy asked “what he was working with,” according to the report. The man then took down his pants, and the deputy gave the signal for the other deputies to move in for an arrest.
Busa, of Cape Coral, was arrested on a charge of exposure of sexual organs.
“They’re walking that tightrope of entrapment,” said Russel Kirshy, a local defense attorney. “They’re basically enticing someone to commit a crime when they wouldn’t normally be disposed to do that when you solicit someone like that.”
CCSO did not immediately respond to a request for comment.
The park has a history of being a place for men to meet up.
“The statute is clearly violated, but the question is would he have violated it without the behavior from the sheriff’s department,” Kirshy said. “It feels a little ugly. It feels like we’re not really investigating crime; we’re creating crime.”