WEST OC: Man says police wrong to arrest him while in baby costume

Staff Report

November 3, 2010

WEST OCEAN CITY — Maryland State Police arrested a 47-year-old man for disorderly conduct while he trick-or-treated on Halloween, saying he was wearing a diaper and shouting profanities at people. But Joseph David DiVanna, of Sarasota, Fla., said he was wearing a full baby costume for Halloween, complete with T-shirt, bib and bonnet, and was not simply parading around in a store-bought diaper.

He says he's angry a State Police press release implies otherwise — and angry that short news stories highlighting his odd dress when arrested spread across the country and overseas.

According to State Police, he was trying to get people to give him candy, and was cursing at adults and children. 

DiVanna said he had drinks earlier, but wasn't drunk, and said he was provoked by teens pelting him with candy. 

“I turned around and I go, guys, I don’t care if you follow me around, it’s Halloween, but you guys gotta stop throwing candy at me, this is ridiculous,” DiVanna said in an interview. "The kids were the ones who disorderly. I was running away from it all."

DiVanna has been living in West Ocean City for months while working on a long-term residential construction job. He had been invited by a friend, he said, to come trick-or-treat in the residential Fox Chapel neighborhood. 

“They said why don’t you stop by, work your way down, and have a beer?” he said.

He said he had worn the outfit out at two local bars a few hours prior to the incident, and that the fact his arrest has made national news is “outrageous.”

 “My phone’s ringing off the hook. This is amazing. I mean, just in a nutshell, the fact (police) didn’t mention I live three blocks down the road and I was going to meet somebody,” he said. 

He said there were adults in the neighborhood who were upset to see him trick-or-treating, and believes they alerted nearby police, who were directing vehicle and pedestrian traffic.

DiVanna is scheduled to face charges of disorderly conduct and disturbing the peace Dec. 10 in Worcester County District Court.

Joseph David DiVanna gestures at a costume he wore on Halloween night, when he was arrested for disorderly conduct. The baby costume includes a diaper, bib, bonnet, bottle and children's book. DiVanna says he's upset police charged him instead of the children he says harassed him that night, and he's also unhappy that news reports saying he was arrested while wearing a diaper have circulated widely. (Brian Shane photo)