Judge alarmed at ‘frequency’ of offences by man caught masturbating in Kelowna Starbucks

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A 32-year-old Kelowna man, jailed multiple times for masturbating in Starbucks and other cafes around Kelowna, has gotten himself more jail time by “aggressively” masturbating in front of a prison officer.

In a Sept. 14 decision, BC Provincial Court Judge Judith Doulis noted that David Luke Brass had racked up 77 convictions and been jailed five times for public masturbation.

“The frequency of David Brass’ offending is alarming, as is the frequency of his offending by masturbating in public spaces,” Judge Doulis said, adding that jail hadn’t been a deterrent.

The judge noted that Brass had been convicted of 36 offences in the last four years, and only remained out of prison for roughly six days before committing another offence.

Over the years, he’d been jailed for masturbating in two separate Starbucks, the OEB Breakfast restaurant and the Bliss Bakery. He’d also been jailed for masturbating in the hallway of the John Howard Society, where he was already banned.

Brass has also done jail time for smashing windows at Mosaic Books, the Kelowna Community Theatre and the Rocky Mountain Chocolate Factory. He has 10 convictions for assaulting police officers.

“David Brass’s reactive and aggressive conduct toward those who attempt to intervene has not been limited to police officers, it has also involved civilian members of the public,” the judge said.

He threatened to kill a Kelowna Cactus Club employee who asked him to leave after Brass had spent 40 minutes locked in a bathroom stall.

The decision said he was given six months jail for masturbating in Starbucks and threatening staff.

Just five weeks before he was due to be released, Brass was taken into a female prison guard’s office so he could contact his Indigenous Band about money he claimed they owed him.

The two sat a few feet away from each other.

“(The) officer… looked up and observed David Brass had completely exposed his penis and was aggressively masturbating,” the decision read. “(The) officer ordered David Brass out of her office. David Brass responded he was just ‘scratching’ himself. Other staff members intervened and removed David Brass from her office.”

The decision said Brass was given up by his mother at four years old and was raised in a series of foster and group homes, with the longest placement being three years.

“As a youth he was diagnosed with Attention Deficit Hyperactivity Disorder, Reactive Attachment Disorder, Conduct Disorder, Oppositional Defiant Disorder, Disruptive Behaviour Disorder, Panic Disorder, Social Anxiety Disorder, Learning Disorders and Fetal Alcohol Spectrum Disorder,” the judge said.

“As an adult, he has been diagnosed with an Intellectual Disability, Alcohol Related Neurodevelopmental Disorder, Antisocial Personality Disorder, Polysubstance Use Disorder, Borderline Personality Disorder Traits, Opioid Use Disorder, Stimulant Use Disorder, Attention Deficit Hyperactivity Disorder, Schizoaffective Disorder, and Post-Traumatic Stress Disorder.”

He started using heroin and crystal meth when he was 12, is single with no children and has had no past relationship.

A psychiatrist found that his drug use exacerbates his anxiety, restlessness, aggression, mood swings, increased sexual activity and unsafe behaviour.

In 2025, while detained at a psychiatric hospital, Brass masturbated while looking at staff who were observing him. He became unsettled and began banging, yelling, and swearing and being abusive to staff. 

“Get the fuck away from me… I am lonely, I want a girlfriend,” he told them.

He denied that substances made him worse, saying that meth made him calm and focused, and heroin made him alert.

Crown prosecutors wanted nine months in jail, whereas the defence argued for time already served in custody, which was three months.

The defence said Brass had been accepted into Bear Creek House, a supportive living facility in West Kelowna. The facility’s manager, Stephanie Hughes, submitted information to the court about what services it could offer Brass.

However, the judge said she had no information about the facility’s expertise in assessing Brass’s ongoing needs, and rejected the offer.

“I accept that David Brass has had a difficult life. Nevertheless… masturbating in (a) correction officer’s… office in her presence is no less offensive because David Brass has had a difficult life,” Judge Doulis said. “Hence, I cannot permit David Brass’s personal circumstances to detract from the fundamental objective of sentencing, which is to impose a sentence that is proportionate to the gravity of the offence and the degree of responsibility of the offender.”

Ultimately, the judge sentenced Brass to six months in jail, which, with time already served, means he has 10 days left.

It’s unclear whether the bed at Bear Creek House would still be open to him, or whether he’ll go back to being homeless.