Police: Sex Offender Performed Lewd Act Near Ice Cream Shop

GASTONIA, N.C.,None — A convicted sex offender was performing a lewd act near a Gastonia ice cream shop on Friday, police said.

Robert Smith was arrested after a woman called police and said she saw him in a truck near Tony's Ice Cream Parlor with his pants unzipped.

Smith previously served eight years and nine months in prison on a second-degree sex offense charge in Mecklenburg County.

Sgt. Jeff Clark said he heard the call come in and realized that the man was near his son's workplace.

"So I called (my son) to ask him to look out and see if he sees the truck," Clark said. "He responded and said he did see the guy in the truck and it looked like he didn't have any pants on."

Clark said Smith drove away when an officer pulled into the parking lot. He drove about a block before stopping, according to Clark.

"He had his pants down, off and was not wearing any undergarments," Clark said.

Smith denied that to Eyewitness News reporter Ken Lemon.

"No, my pants weren't down," Smith said. "They were loose. I have Crohn's disease but, nah, they can't believe that."

He said his pants were unbuttoned because his condition makes his abdomen sensitive. He said he wasn't doing anything wrong when he was arrested.

"I was trying to ask a girl on a date, and they thought I was doing something wrong," he said.

Police said they had a report of Smith touching himself in public about a month ago, but said when they got to the scene, the witness was gone and they couldn't charge Smith.

WSOC