By Whitney Grunder - email
LUFKIN, TX (KTRE) - The non-jury trial of a Lufkin man accused of exposing himself on three separate occasions began Wednesday in Angelina County District Court.
Joshua Clem Miller, 25, is charged with two counts of indecent exposure and one count of indecency with a child.
Judge Barry Bryan began by asking Miller if he understood his charges. Miller explained he did not. After reviewing these charges, Miller plead "not guilty."
Prosecuting attorney Dale Summa began by calling one of the victims to the stand.
Summa asked her to recall her experiences from May 5, 2009.
She explained she was driving with her 12-year-old son on Timberland drive when she saw a silver Pontiac pull up beside her, with its windows down. She described seeing the defendant with his pants down.
Summa asked her to detail what she saw.
"He was staring at me and playing with himself," she said.
"What do you mean by that?" Summa asked.
"Masturbating," she said.
She explained she was just trying to get away from the vehicle to protect her son.
"I put my hand over my son's eyes," she said.
Miller's attorney, Edward McFarland, began asking her questions about their placement in the vehicle on.
"I was driving. It would be kind of difficult for a 12-year-old to operate a vehicle," she said.
Summa then called the woman's now 13-year-old son to the stand.
Summa asked the boy to recall what happened while his mother was driving him to school.
"He was touching himself in an indecent way," said the boy.
Summa asked him to be more specific about what the man was doing.
"He was masturbating," said the boy.
"Were you scared?" asked Summa.
"Yes sir," said the boy.
Summa showed the boy pictures of a lineup of suspects that he had previously observed. One of the suspects was identified as the defendant.
McFarland asked him to describe what happened in detail.
"Are you sure you actually saw his hand and genitals?" asked McFarland.
"Yes, sir," he said.
"Your mother, was she in between you and the man?" McFarland asked.
"I was able to see in front of her and to the other car," he explained.