Charge against FBI agent to be dropped

EDEN, N.Y. (WIVB) - Only News 4's camera was there Tuesday as an FBI agent accused of public lewdness had his day in court.

He was caught with no pants -- according to police -- making obscene gestures at a truck driver.

But the agent could get off scot-free.

That's right -- the crime he was charged with, public lewdness, was just a misdemeanor. And now it looks like the judge will end up dismissing it altogether.

It was a bizarre report. A truck driver heading down the state thruway near Eden noticed the dome light on in the minivan driving beside him.

The trucker says mini van driver wasn't wearing any pants. And he was making lewd gestures with his hands.

The truck driver wasn't amused. He called police and a trooper stopped 48 year old john Yervelli and charged him with public lewdness. It's just a misdemeanor, which carries a maximum 30 days in jail.

We also learned at that time Yervelli is an FBI agent and was off-duty the night of the incident.

Now it appears Yervelli won't have to spend a single day in jail.

In Eden town court Tuesday night, the judge agreed to an ACD: adjournment in contemplation of dismissal.

That means the charge will be dismissed in 6 months if Yervelli stays out of trouble during that time.

An ACD is not an admission of guilt. It simply means the charge will be dropped.

An FBI spokesperson said Yervelli continues to work in his same capacity while the bureau conducts an internal review.

The truck driver didn't know Yervelli -- state police called it an isolated incident.

We may never find out exactly what Yervelli was thinking as he drove down the thruway that December night.

The Erie county DA's office said Yervelli is currently in mental health counseling.

Recently, a false report surfaced online that another FBI agent was in the car with Yervelli.  State police said that's not true. Yervelli was alone when he was arrested.