San Angelo Man Pleads Guilty to Online Solicitation of Minor

Today, David Kieth Kiser met in Judge Jay Weatherby’s 340th District Court for a third time. On this most recent occasion, Kiser plead guilty to online solicitation of a minor.

According to a complaint filed by Davela Siangeldeb, CID agent, “On 12/11/2014 at approximately 8:21 p.m., David Kiser agreed and attempted to meet CID Agent Davela Siangeldeb, who, at the time, was posing undercover as a 14-year-old-girl online.” Check out a previous article by San Angelo LIVE! for more about Kiser’s arrest and the four other men arrested with him. 

Therapist Kalton R. May met with Kiser after he was charged. During the session, May preformed what he called a psychosexual assessment on the defendant. The practice is a biological, psychological, and social assessment that focuses on one’s sexual history.

During May’s analysis, Kiser admitted to attempting to meet with the alleged minor in the situation in question.

“He seemed to be a reliable historian,” May said during his testimony.

According to May, Kiser was extremely anxious, weepy, and despondent throughout the session. However, May said that Kiser was considered low risk for sexual recidivism.

When May was asked for his recommendation for Kiser’s sentence, he said Kiser would be appropriate for outpatient counseling and regular polygraph tests.

When the witness was passed to the state,  Assistant District Attorney Jason Ferguson asked, “The fact that he admitted his interest in children made you believe that he was telling the truth?” After May replied in the affirmative, the state asked no further questions of the witness.

Defense Attorney Randol L. Stout then called Kiser to the stand. When asked if he pleaded guilty, Kiser replied with a faint “yes sir.”

“I made a mistake,” Kiser said. “It will never happen again.”

The defense asked if Kiser realized that if he was actually meeting a child on the day in question, that it would have been more than a mistake. Once again, Kiser quietly said, “Yes sir.”

According to Kiser, the only places that he visits since the arrest are home, work and church. Furthermore, Kiser claimed to never go online anymore.

When asked if Kiser would accept whatever sentence the court decided, Kiser said that he would.

The State then questioned Kiser. Ferguson pointed out that in Kiser’s session with May, the defendant claimed the police did not have all the facts and that he never asked the alleged minor for sex. He then pointed out sexually explicit messages that Kiser had sent Siangeldeb.

Furthermore, when Ferguson said that Kiser had mentioned engaging in prostitution in his session with May, Kiser said, “I don’t believe I ever said that.” After Ferguson quoted Kiser from Kay’s report on the subject of prostitution, Kiser admitted to speaking to Kay about the practice.

After Kiser left the stand, the defense began hearing testimonies from personal acquaintances and family members of Kiser.

When Kiser’s uncle Donald A. Spradley was called by the defense, Stout spoke to him of Kiser’s father. Stout knew Kiser’s father, a police officer, for 20 to 30 years. Spradley said that Kiser was up front with the family and attends church with them.

When Stout asked Spradley if he thought it would be worth giving Kiser probation rather than a prison sentence, Spradley said, “I certainly do.” Additionally, Spradley claimed that he would report Kiser if he expected any unlawful behavior.

Buster Peek, Kiser’s employer, then took the stand. Kiser has been working as a field electrician for 16 to 17 years at Indeco Industrial Co.

Peek mentioned how Kiser was “pretty well tried in the social media” after he was arrested. However, he said that Kiser would continue to have a job with Indeco if Kiser received probation and that Peek would cooperate with the state “100 percent.”

Stout then called his last witness, A.L. “Scooter” McCurdy, a minister at New Hope, the church Kiser attends. McCurdy has had nine years of experience as a probation officer. Additionally, McCurdy said that he had known Kiser’s family for 25 years.

Kiser and McCurdy had counseled together after Kiser was charged. McCurdy said that he would attempt to supervise Kiser and help him readjust in the community if he received probation. When Stout asked if Kiser would abide by potential probation terms, McCurdy said that he would.

During his final remarks, Stout said that “If it serves a purpose to protect the community, put [Kiser] in jail.” However, Stout said that Kiser’s supervision should be enough to keep the community safe.

Stout then pointed out that Kiser had no criminal record except for possession of a controlled substance in 1996. He said that Kiser has no other apparent history as a sex offender and that May’s report stated that he is at a low risk for recidivism.

Regardless of Kiser’s sentence, he will not be allowed access to the internet, and he will be a listed sex offender for the rest of his life.

Overall, Stout said that the court should not focus on what Kiser deserves, but what he needs and what is appropriate to the case.

“All we can do is look and see what is right under the given circumstances,” Stout said. “That’s all I’m asking the court to do.”

Ferguson focused on Kiser’s admitted sexual interest in children in his final remarks. Ferguson said that according to May’s report, Kiser has a 7.6 percent chance of recidivism over 5 years. He claimed that any chance of recidivism is a danger to the community. Furthermore, Ferguson pointed out that Kiser had an hour to consider what he was doing before meeting with what he thought would be a minor that day.

After Weatherby heard both sides of the case, the judge called a recess and said that a later date would be announced for when the court will reconvene to hear his decision.

This is the third time that the court has met to discuss Kiser’s case. Read San Angelo LIVE!’s previous article to get more details about the first court session and Siangeldeb’s sting operation.