SARASOTA, Fla. (November 13, 2012)--A homeless man spent a night in jail in Sarasota, Fla., after charging his cell phone in a public park.

An arrest report says that a Sarasota police sergeant spotted Darren Kersey charging his phone in a picnic shelter and arrested him for theft of city utilities.

The Sarasota Herald-Tribune reported that the police sergeant told the man such behavior "will not be tolerated during this bad economy."

After Kersey spent a night in the cooler, a judge tossed the case out of court.