Perv Found Guilty of Exposing Himself to a Child, Gets Probation

SAN ANGELO, TX — A San Angelo man was found guilty of indecency with a child by exposure and received seven years of probation. 

David Smiley, 68, of San Angelo, was on trial for indecency with a child by exposure.

According to court documents, on November 12, 2023, an investigator was contacted by a San Angelo police officer who advised that a 14-year-old child alleged Smiley exposed his sexual organ to him at a health club, located at 3336 West Loop 306, in San Angelo.

In a sworn statement, the child victim stated that he was at the gym and went into the sauna. Smiley approached the child and sat right next to him then removed his towel exposing his sexual organ. Smiley then allegedly asked the child to perform a sexual act on him, which the child refused and then left the sauna.

The investigator witnessed a forensic interview of the child victim who stated on November 12, 2023, he was at the gym working out. The child then went into the sauna and inside, observed Smiley naked. The victim went to the other side of the sauna away from Smiley and sat down. The child was wearing underwear and had a towel covering himself as well.

Smiley stood up and walked to where the child victim was sitting and sat down next to him. After he exposed himself to the child, he began touching himself for his own sexual gratification. The child moved again to get away from Smiley, but he also moved with the victim. Smiley then asked to perform a sexual act on the child, which he refused and left the sauna.

Smiley waived his rights and spoke with the investigator. He said that on November 12, 2023, while at the health club on West Loop 306, he was in the steam room with the child victim. He said he left the sauna, and the child left at the same time. Smiley then said that the child exposed himself and went back into the sauna.

Smiley was allegedly sexually attracted to the child and went back into the sauna with him. Smiley went into the room sat next to the victim and exposed himself. He said he may have touched himself and solicited the child for sexual acts. The child said “No” and then Smiley left the sauna.

Smiley was arrested on November 12, 2023, and was released the next day on $25,000 bond.