Court Overturns Man's Conviction For Giving Ex-Wife Middle Finger
PITTSBURGH (KDKA/AP) - A state appeals court has overturned the disorderly conduct conviction of a Pittsburgh man who was charged because he gave his ex-wife the middle finger.
The incident happened two years ago at an apartment complex in Hampton Township. Jason Waugaman was bringing his kids back after spending the day together.
The kids were ages 6 and 7 at the time. Waugaman was bringing them back to their mother's apartment, and he says she misunderstood a comment he made during the drop off.
"I addressed my children. I gave them a comment," Waugaman said
But court papers say his ex-wife believed he was yelling at her. She turned, and approached the car, and Waugaman says he was already pulling off.
"I was motioning for her to stay away, that sort of thing. The windows weren't down, it was cold, so there was no screaming, no nothing. But I wanted to make sure she knew, stay away," said Waugaman
Days later, Waugaman was charged with disorderly conduct and reckless endangerment. The paperwork says he gave his wife the middle finger, in front of the kids.
"I can swear on a stack of Bibles that that," he said. "That would never happen."
Months later, Waugaman went to court and was convicted of disorderly conduct with 90 days probation. After his appeal, Waugaman says it wasn't so much about the right to make the inappropriate gesture, but to prove to his kids that he didn't.
"I am a veteran," Waugaman said. "These things are very important to me, but on kind of a selfish level, if I didn't fight this, there's a good chance that I was not going to see my kids."
The state Superior Court agreed and reversed the Lower Court conviction, finding giving someone the finger is not obscene and should not constitute a crime.
So for Waugaman, his nightmare is over, and he maintains he never gave her the finger.
"Would I, ehhhh… probably. Did I at that point? No, the kids were around," Waugaman said.
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