You gotta love the "police evidence" bag... Maybe that fellow killed a pigeon or something like that and cops took him out.
It is a fairy. There are a few artists out there that create this fantastic art of fairies in positions that most people do not associate with those happy frolicking woodliand imps. There is a really cool book of pressed fairies, where the fairies are pressed between the pages of a book like a flower (http://www.amazon.com/Lady-Cottingtons-Pressed-Fairy-Book/dp/1857933362)