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A surprise nap in a food court bathroom at an area mall for one Waukesha man morphed into an encounter with police and, eventually, criminal charges after the man allegedly spit on and tried to bite two police officers.

The man, Aaron Davis, 33, was charged Monday, July 25, in Waukesha County Circuit Court with throwing or discharging bodily fluids at a public safety worker, misdemeanor disorderly conduct and resisting an officer — all as repeat offenses.

According to a criminal complaint, emergency personnel were called to Brookfield Square, 95 N. Moorland Road, last Friday, July 22, after someone found Davis passed out in one of the food court bathrooms on the west side of the mall.

Brookfield police reportedly believed Davis had been drinking — he smelled like booze and was slurring his words, the complaint said — when they spoke to him and arranged for someone to come pick him up and take him home.

However, when that man arrived, officers discovered he had an active warrant for his arrest and told Davis to wait while they sorted out the issue.

Waiting was apparently not something Davis was interested in, because shortly after the man arrived he began shouting profanities at the officers and disobeying orders, according to the complaint.

Davis was arrested for disorderly conduct and allegedly tried to bite one of the officers who was searching him; he later spit on an officer at Elmbrook Memorial Hospital, where Davis was taken to be medically cleared, the complaint said.

Online court records indicate that Davis made his initial court appearance the same day he was charged and was ordered held on a $1,000 cash bond. His next hearing is scheduled for July 29.

Davis has previously been convicted of several misdemeanor offenses including disorderly conduct, resisting or obstructing an officer, retail theft and possessing an illegally obtained prescription, records show.

If convicted of the new charges, he's facing up to more than four years behind bars and $21,000 in fines.

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