New York State files 10 criminal charges against WNBA dildo thrower, including assault, criminal possession of weapon

Charles Burgess, 32, surrendered himself on Wednesday morning at Brooklyn’s 78th Precinct, police said. He allegedly threw a lime green dildo onto the court at the Barclays Center during the WNBA game on August 5.

Burgess has been hit with 10 charges in the incident, including attempted assault in the second and third degrees, third-degree assault, second-degree menacing, second-degree reckless endangerment, third-degree obscenity, fourth-degree criminal possession of a weapon, interference with a professional sporting event and second-degree harassment, a criminal complaint said, per the New York Post.

After being arraigned, he was released on his own recognizance. Burgess' lawyer, Paul D’Emilia, said that he "voluntarily surrendered" after he made his way to New York City from Ohio, where the suspect has an auto shop. Burgess' mother and aunt went with him when he turned himself in for the act.

“He does not regularly attend WNBA games, he is a casual fan, and he is not involved in any of these or prior incidents,” his defense lawyer said. The attorney described his client as a married father with six kids and has "absolutely no criminal record."

“Mr. Burgess intends to vigorously fight these embellished and exaggerated charges," D’Emilia added. The lawyer said that video evidence shows that nobody was struck by the sex toy and claimed it would render "any of the included assault charges unsustainable.”

“The Brooklyn DA’s office has indicated a desire to speak to the defense, particularly in regards to others involvement in this fast-spreading phenomenon occurring at WNBA venues,” D’Emilia added.