Judge finds Lufkin man guilty of exposing self while driving

Joshua Miller mug shot courtesy
Joshua Miller mug shot courtesy

LUFKIN, TX (KTRE) - By Whitney Grunder - email

LUFKIN, TX (KTRE) - An Angelina County district judge found a Lufkin man guilty of exposing himself in May 2009 while driving around Lufkin.

Joshua Clem Miller, 25, was charged with one count of indecency with a child. He is also charged with two misdemeanor counts of indecent exposure, which will be determined at a later date.

Judge Barry Bryan reset the sentencing for a later date after his attorney informed Bryan that Miller is mentally ill.

Bryan began by asking Miller if he understood his charges.  Miller explained he did not. After reviewing these charges, Miller plead "not guilty."

"I thought he got what he deserved," said victim Meredith Greenville.

Greenville testified she was driving down Timberland Drive with her 12-year-old son when she saw a man driving a silver Pontiac pull up beside her. She described seeing the man with his pants down as he was masturbating.

"The judge found that the evidence convinced him beyond reasonable doubt that the defendant did what he's charged with and that's the decision that we wanted here," said the prosecuting attorney Dale Summa.

Two witnesses were called to the stand, who detailed separate incidents where they say the defendant also exposed himself to them.

"I'm glad to testify because of the child you know, it's different to expose yourself to me as a woman versus a child," said Mary Moore who claims the defendant exposed himself to her in a Lowe's Parking Lot.

The now 13-year-old boy, also testified in court.

"He was touching himself in an indecent way," said the boy.

Summa then asks the boy to be more specific.

"He was masturbating," said the boy.

Miller must now wait for sentencing, as he remains on house arrest.

"My client will accept the decision of the judge because of the facts that were produced," said his attorney Edward McFarland.

McFarland told the judge his client suffers a mental illness, and needs to be examined before sentencing.

"This person that you saw in there has some medical history," said McFarland. "He will not only be examined by a psychiatrist but a psychologist."

For now, the victim's family says they are pleased miller is off the streets. They say the shock of what happened is making it difficult to move past that disgusting day.

Summa says Miller could receive up to ten years in prison and a $10,000 fine. Miller's sentencing date has not yet been set.

KTRE's Whitney Grunder was at the trial Tuesday. Here are more details from throughout the day:

Prosecuting attorney Dale Summa began by calling one of the victims, Meredith Greenville, to the stand.

Summa asked her to recall her experience s 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.

The state then called Detective Gabe Wall, an Angelina County peace officer to the stand.

Wall explained he began working on this case while investigating another indecency case.

Summa showed Wall photographs that were taken of the defendant's vehicle in front of his residence on Cox Road. He asked him to identify what was seen in the photograph.

"It appears to be a multi colored necklace hanging from the rearview mirror," said Wall.

The state also called Tyson Hoover, a Lufkin Police officer, to the stand.

Hoover said he was dispatched to an indecency call on May 5th, 2009, and recalled speaking with Greenville and her son.

Dan Lair, a retired Lufkin police officer was called to the stand.

He described seeing the defendant's vehicle on May 5, 2009 outside of his residence, after being called to investigate other instances of indecency.

Lair also recalled seeing a necklace hanging in the vehicle.

The state called Mary Moore to the stand.

Moore was asked to describe an experience that took place on May 5th, 2009, outside of Lowes.

She explained she was loading her vehicle, while talking on the phone to a friend, when she saw a man driving slowly past her, while making eye contact. She testified she saw the driver pass by once, and then drive by a second time.

"As I was loading plants in my car, I turned around just as he passed. He had an erection and he was masturbating," said Moore.

"Did you have an opportunity to see the license plate of the car?"

"Yes I did"

"Did you tell your friend the description?" asked Summa.

"Yes I did," she answered.

Moore described the vehicle shown in the photograph taken outside of the defendant's home as the same silver Pontiac that she saw that day. 

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