Portland Food Cart Owner Arrested, Accused of Showing Erect Penis to Female Delivery Driver

James Joseph Jose Carter, 42, operates Mr. Benny Smokehouse Brunch in Northeast Portland

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A Northeast Portland food cart owner was arrested last weekend, accused of exposing his erect penis multiple times to a female delivery driver as she was picking up an order.

James Carter, the 42-year-old proprietor of Mr. Benny Smokehouse Brunch on NE 42nd Ave., was arrested Sunday afternoon on charges of public indecency and indecent exposure. Carter was previously convicted of public indecency in 2002, jail records indicate.

A female delivery driver working for Uber reported to police she was picking up an order at the food cart and, according to the affidavit for his arrest, she said his erect penis was sticking out of his pants "plain as day" as she walked up to the window. The order wasn't ready, it says, so she she went back to her car.

When she came back, "Mr. Carter's penis was still fully erect and sticking straight out of his pants. She saw him reach up onto a shelf three times. Mr. Carter never made an attempt to conceal or move his fully erect penis out of view. She said the air was cold and there was no way he could not know his penis was fully exposed."

The Uber driver was alone when she picked up the order. She called the cops when she left.

"She said the incident was so upsetting to her that she threw up," the affidavit says.

When the police showed up, Carter "denied exposing his penis to anyone that day." He said the Uber driver "was mistaken, not lying, but mistaken. He said he was surprised she called the police given that she worked for Uber."