August 30, 2011 | 04:29 PMELKHORN — A 41-year-old illegal immigrant who Fontana Police arrested in June for publicly masturbating on the Country Club beach will spend 150 days in the Walworth County Jail.
Javier Martinez-Samosa, whose address is listed as 1412 9th St., Harvard, Ill., pleaded guilty Aug. 22 to misdemeanor counts of lewd and lascivious behavior for exposure and disorderly conduct.
Martinez-Samosa also will need to pay court costs and provide a DNA sample. Martinez-Samosa declined to speak during the sentencing hearing.
However, Judge Robert Kennedy gave Martinez-Samosa a warning about his behavior.
"You now have been convicted of a serious type of offense and you have a record," Kennedy said. "If it occurs again the DA, the judge, they will go after you gangbusters."
According to police reports:
Martinez was arrested at 12:59 p.m. July 6 by Fontana Police for lewd and lascivious behavior after complaints that a man fitting his description was exposing himself in the presence of children at Country Club Beach.
Fontana Police Chief Steve Olson said police received their first complaint about Martinez on June 30. On that day, someone fitting Martinez's description was seen masturbating in some bushes near the beach.
Several children who were reportedly witnesses, said they knew the man as "Francisco." They told police that he drove a dark blue car.
Checking further, police learned that "Francisco" was frequently seen driving a blue Mercury Mystique. A car fitting that description was stopped on Kinzie Avenue on July 6. The driver, Martinez, was arrested.
According to the arrest report, Martinez told police that he works as a landscaper for Geneva National, and that he is a Mexican citizen who has been in this country illegally for three years.