TOM GREEN COUNTY, Texas — A San Angelo man will spend seven years on probation after a Tom Green County jury found him guilty of indecency with a child by exposure.
According to a release from the 51st Judicial District Attorney's Office, the jury initially sentenced David Edward Smiley to five years in prison, but recommended to the court that the sentence be suspended and probated.
The release states on Nov. 12, 2023, San Angelo Police Department officers were dispatched to Shannon Health Club in reference to a sexual assault. Officers met with the victim, a minor child, and their parents. The victim told them while in the sauna, Smiley exposed himself to the child and asked if the child wanted Smiley to perform oral sex on him.
The child said no, left the sauna and contacted his mother to pick him up. When the mother arrived, the release said, the child told her what happened and she confronted Smiley in the parking lot. Smiley drive away from the scene.
Officers arrested Smiley that evening at his home.
A jury trial began Nov. 18, 2024, with 340th District Judge Jay Weatherby presiding. After hearing testimony, the jury deliberated for a little less than an hour before finding Smiley guilty of indecency with a child by exposure.
Smiley 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 minor child. The other child testified he was in a locker room with Smiley and that Smiley said to the minor child, “You’re trapped”, which made them feel uncomfortable.
The defense called five witnesses, including Smiley, to testify. After hearing evidence, the jury deliberated for about three hours before sentenced Smiley to prison, but recommended probation. Weatherby set probation conditions and set the seven year term of probation
The DA's office said, "We want to thank the jury for their careful consideration in this case. While we were recommending a prison sentence in this case, we respect the jury’s verdict. We also want to thank the lead investigator, Sgt. Roger Spearman, for all of his hard work on the case. We applaud the victim who had the strength and courage to report this incident and take the stand. We hope this will bring closure to the victim and the family. Prosecuting crimes against children involves a team effort. 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."
