San Angelo man found guilty of indecency committed at local gym

A 68-year-old San Angelo man has been found guilty of indecency with a child by exposure and sentenced to probation, according to a news release from the Tom Green County District Attorney’s Office.

A jury trial began on Nov. 18, with 340th District Judge Jay Weatherby presiding over proceedings for defendant David Edward Smiley.

Over a year prior on Nov. 12, 2023, law enforcement was dispatched to Shannon Health Club in reference to a sexual assault. When they arrived, officers met with the parents and the victim, who was a child.

“Officers learned that while in the sauna, the defendant exposed (himself) to the minor child and asked if the minor child wanted the defendant to perform oral sex on him,” according to the media release.

“The minor child said no, left the sauna, and contacted his mom to pick him up. When the mother arrived, the child told her what happened and she confronted the defendant in the parking lot. He proceeded to drive off,” according to the media release.

Officers were able to make contact with Smiley at his home where he was detained and arrested that evening.

After hearing the testimony, the jury deliberated for a little less than an hour before finding Smiley guilty of indecency with a child by exposure.

He elected to have the jury assess punishment. During the punishment phase of the trial, the state called the victim, the victim’s mother and another child to the stand.

The child testified that he was in a locker room with Smiley, who said to the minor child, “You’re trapped,” which made the child feel uncomfortable, the release stated.

The defense called five witnesses, including the defendant, to testify.

“After hearing the evidence, the jury deliberated for approximately three hours and sentenced the defendant to five years confinement in the penitentiary, but recommended that the sentence be suspended and probated,” the release stated.

“The court set the conditions of probation and set the term of probation for a period of seven years,” according to the media release.

The DA’s office thanked jurors for their consideration in this case.

“While we were recommending a prison sentence in this case, we respect the jury’s verdict,” the release stated. “We also want to thank the lead investigator, Sgt. Roger Spearman, for all of his hard work on the case.”

The DA’s Office applauded the victim for having the courage to report the incident and testify, according to the media release.

“Prosecuting crimes against children involves a team effort,” the media release stated. “Our office remains committed to working closely with the victims in these cases, evaluating each case based upon the evidence and law, and seeking justice for our children and our community.”

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This article originally appeared on San Angelo Standard-Times: Man found guilty after exposing himself to a minor at San Angelo gym

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