Texas A&M receiver Kirk Merritt has reportedly pleaded not guilty to two charges of indecent exposure from last fall.
The charges stem from two separate October incidents, according to the Houston Chronicle:
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.”
The newspaper, citing a source, reported that both alleged victims were Texas A&M tutors.
Merritt entered his guilty plea March 27, and he requested a delay of arraignment based on “objection to setting.” The arraignment had originally been scheduled for earlier this week.
Merritt’s attorney, Rick Davis, cited a bad case of jock itch as Merritt’s defense.
Texas A&M receiver Kirk Merritt's attorney Rick Davis cites "a bad case of jock itch" as Merritt's defense (cont) https://t.co/8tdU7R0UCq
— Brent Zwerneman (@BrentZwerneman) April 7, 2017
“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.
“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, Section 42.01(10) of the Texas Penal Code (which is a Class C misdemeanor). That statute requires only that a Defendant is reckless about whether another may be present who will be offended or alarmed by his act.”
Merritt, a redshirt sophomore, sat out last season after transferring from Oregon. He has been taking part in spring ball at Texas A&M, which end with Saturday’s spring game.
Merritt had five catches for 61 yards with the Ducks as a freshman in 2015.
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