Cops crack down on public sex at Memorial Park - sort of Police say they struggle to curb misdemeanor in 'well-known' remote corner of bicycle path

Runners and walkers circle the Memorial Park running path along Memorial Drive Thursday, Aug. 2, 2007, in Houston. Runners and walkers circle the Memorial Park running path along Memorial Drive Thursday, Aug. 2, 2007, in Houston. Photo: Kevin Fujii, Staff Photo: Kevin Fujii, Staff Image 1 of / 1 Caption Close Cops crack down on public sex at Memorial Park - sort of 1 / 1 Back to Gallery

Houston Police Department officials acknowledge scant progress in their efforts to curb illegal sexual acts in a troubled spot of Memorial Park.

A remote corner of the bike path, just beyond the tree line, remains a place where men are regularly caught masturbating and are arrested for indecent exposure, police said.

"It's become such a well-known, common place that people know exist. Unfortunately, it's one of those places where we're going to have to reinforce enforcement all the time," said Jodi Silva, a spokeswoman for Houston Police Department.

Those involved in the criminal exposure are men, police said, typically professionally dressed, clean-cut and showing up at the edge of the bike path during lunch time.

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"A guy will be just walking, or sitting in his car, and another guy will follow him and they disappear into the woods. That's when our officer will follow and look for guys just standing around looking at leaves," Vice Sgt. Tony Gracia said. "It's regular Joe Citizen on his lunch break and going to the area and masturbating."

A Class B misdemeanor

Gracia, who has served as a Houston police officer for 26 years, said most men who go there communicate with each other online and will warn each other to stay away from the area if arrests have been on the rise. Then, after some time passes, they'll start showing up again.

The offense is a Class B misdemeanor, punishable by up to 180 days in jail and a maximum fine of $2,000. That doesn't seem to discourage offenders. Moreover, park visitors and people living nearby aren't asking enforcement officials to devote more time to combating public masturbation. Silva said other priorities, such as responding to burglaries and vehicle robberies, matter more to them.

At least six people have been arrested for indecent exposure in the last six months, Silva said.

The last high-profile case goes back to 2013, when seven men were arrested in one day.

One was a Harris County sheriff's deputy, Christopher Toomey, who had been a deputy for four years when he was nabbed. Police had operated stings on Picnic Loop for years before that, Gracia said.

One reason he suspects men continue to use a forested spot just feet from cyclists and family picnics despite monthly arrests is "the thrill of getting caught."

Apprehensions go smoothly

He said students, a pastor and even an FBI agent have been among those charged in recent years.

When they are caught, he said, the apprehension goes smoothly, they don't resist, and the first thing they say is, "I'm married."

Marcus Cabrera, a Spring Branch resident, was asked about the park's illegal sex as he headed out for an afternoon hike Wednesday. He was surprised to hear that public masturbators meet just yards from where he stood.

"I want to keep my eyes open and report anything I see right away," he said. "I'm really glad to know that now. I don't think it's going to be safe; you never know."

But Gracia says in his experience the men involved have not threatened or attempted to lure anyone not participating in the sexual encounter. Of course, he said, anything is possible. So he simply advises people to be aware of their surroundings in Memorial Park.

Dave Moffat, of Montrose, was cooling off from a bike ride around the loop at a picnic table shaded by a sprawling tree at the trailhead. He said if he had kids he would be more concerned, but he still feels safe in the park.

"But you never know what's going on around you," he said. "I was just sitting here enjoying music."