LUFKIN, TX (KTRE) - A judge is considering granting shock probation to a Livingston man who photographed women in the bathroom of a store in which he managed.
Nathan Scott Kesler returned to Angelina County Friday after spending three months in state jail, after pleading guilty to three counts of improper photography.
"I think he's been pretty much humble from day one. He's very sorry and has always been sorry for what happened. He wants to make it right. And, he wants to obviously be on probation," said Kesler's attorney, Ryan Deaton.
Kesler took the stand Friday to explain he had learned his lesson. Judge Gerald Goodwin ordered him to return to court in one week after the judge makes a decision whether or not to grant shock probation to Kesler.
"I imagine the judge needs to talk to probation and get some ideas of what he wants, what kind of programs he wants him to be on while he's on probation," said Deaton.
Shock probation is a method judges use to rehabilitate convicted felons by putting them in jail then "shocking" them out in hopes they learned their lesson.
If Goodwin grants the release, Kesler would serve the remainder of the sentence under probation.
"Of all my clients, I think he's probably going to make it, I would imagine. He's got a better chance than any of my other clients that I represent. He's going to be fine on probation," said Deaton.
Kesler pleaded guilty to the crime in October, in connection to a November 2010 investigation at Dollar King, located at 501 S. Timberland Drive, dealing with a complaint that he had been using a cell phone in a female restroom to record activity.
The woman said she had used the restroom and noticed the phone on a shelf positioned in such a way that it would record her with the built-in camera. The woman said she left the restroom and was approached by another female employee who said she saw the phone in the restroom.
The woman told police she then saw Kesler, who was a manager at the store, go into the restroom and lock the door, then leave the restroom. The woman then went back into the restroom and saw that the phone had been repositioned.
Police detectives obtained a search warrant which authorized them to search the content of the phone.
After an interview with Kesler, detectives used search warrants to search Kesler's e-mail accounts and found multiple images from the restroom. The images show two female employees and a child in the restroom, and Kesler placing the phone in the restroom, according to the report.
Kesler also worked as a music minister at a Livingston church.
On the stand Friday, Kesler pleaded his case for the probation.
"My experience in state jail has been very sobering, eye-opening. And, being away from my family has been difficult. My behavior record is clean," Kesler said.
"What specific lessons did you learn while you were in state jail?" asked prosecutor Art Bauereiss.
"I'm here because I walked away from the principles that I was raised on and believed in," Kesler said.
"My only wish right now is to get back to my family, get some work in, and get back to church," he said.