A couple of observations that might be mitigating factors. First, Henderson appears to be mumbling when he approached the car that he had to urinate. However, he was made to wait — a difficult thing for some older people.
Second, Henderson immediately told the officer who had told him not to leave the spot. he obeyed the command to the letter but then relieved himself.
Finally, the stop itself is a bit suspicious. There is a long-standing complaint that window tinting is used routinely as an excuse to stop a car and look inside by officers. In this case, Henderson is forced to stand by the cruiser while the officer checks out the car. He notably states immediately upon meeting Henderson’s mother that the tinting is perfectly fine and apologizes.
Henderson was charged with indecent exposure. However, that state law requires not just exposure but exposure in a “vulgar or indecent manner.”
800.03 Exposure of sexual organs.—It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.
No cars passed on the road that could be seen, though cars nearby could be heard. Henderson appears to be discrete in this act which occurs with a car between him and any onlookers and his back to the officer and his car.
While some reports indicate that Henderson denies the charge, there is also the question of necessity. Yes, private necessity.
He was booked into jail and charged with indecent exposure.