Fellas, I ask you: who among us has not been there, done that?
Texas A&M sophomore receiver Kirk Merritt has pleaded not guilty to two charges of indecent exposure from last fall.
Merritt has requested a delay of arraignment, which was originally scheduled for earlier this week at the Brazos County Courthouse.
In one count, an alleged victim accused Merritt of exposing and touching himself “while sitting in arm’s reach” of her “on or about” Oct. 24. About a day later according to a court document, another alleged victim claimed Merritt pulled down his shorts and held himself also “while sitting in arm’s reach” of her. The document describes both alleged victims as “offended or alarmed by the act of exposure.”
Both of the victims were tutors at A&M in the Bright Football Complex, two people with knowledge of the case said. Merritt’s attorney Rick Davis responded to the Chronicle on Friday afternoon citing a “bad case of jock itch” as Merritt’s defense.
“Kirk Merritt has been charged with Indecent Exposure under Section 21.08 of the Texas Penal Code because of two incidents during tutoring sessions that happened on two consecutive days,” Davis wrote. “While Kirk is very embarrassed about this situation, and has apologized to the two tutors that he offended, he did not intend to gratify anyone by exposing himself.
“The fact is that Kirk had a bad case of jock itch. The statute Kirk has been accused of violating requires that the Defendant have an intent to arouse or gratify the sexual desire of any person and that the Defendant is reckless about whether another may be present who will be offended or alarmed by his conduct.
“We think that Kirk’s conduct falls squarely under the Disorderly Conduct statute … That statute requires only that a Defendant is reckless about whether another may be present who will be offended or alarmed by his act.”
Scratch as scratch can, I tells ‘ya.
Too bad this kid’s an amateur, because he’s a medicine commercial waiting to happen.