Charge against FBI agent to be dropped

EDEN, N.Y. (WIVB) - Police say they caught an FBI agent without his pants on after he made obscene gestures at a truck driver on the I-90. But a charge of public lewdness will likely be dismissed against 48-year-old John Yervelli, Jr.

On Tuesday, a judge agreed to an ACD, or adjournment in contemplation of dismissal. If Yervelli stays out of trouble for six months, the charge will be dismissed.

The incident took place on the NYS Thruway near Eden. A truck driver told police he noticed the domelight on in a minivan next to him and when he looked down, he saw Yervelli without wearing pants making lewd gestures.

The truck driver called police, who stopped Yervelli and arrested him on a misdemeanor charge of public lewdness. Yervelli was off-duty at the time and had he been convicted, he could have faced a maximum sentence of 30 days in jail.

An adjournment in contemplation of dismissal means Yervelli won't be punished if he stays out of trouble. But it is not an admission of guilt. It simply means the charge will be dropped in six months.

An FBI spokesman said Yervelli continues to work in his same capacity while the bureau conducts an internal review. The Erie County District Attorney's Office says Yervelli is currently in mental health counseling.

The truck driver didn't know Yervelli. State Police called it an isolated incident.

Recently, a false report surfaced online that another FBI agent was in the car with Yervelli. State Police say that is untrue and that Yervelli was alone when he was arrested.