20-year-old charged with indecent
exposure
By Abby Morris
Star Staff
amorris@starhq.com
A 20-year-old man was arrested Friday by Elizabethton
Police Department officers and charged with indecent exposure
following an investigation into incidents that had been reported
by residents of Lynnridge Apartments.
David Kelly Tanner, 1298 Bluefield Ave., Apt.
CD114, was charged with three counts of the crime and charges
are pending against his wife, Melinda M. Tanner, whom witnesses
say was involved in one of the incidents.
Police were first called to the apartments on
Jan. 21 and were met by several residents who wished to file
complaints that their neighbor, Tanner, had been intentionally
exposing himself when they would pass by his apartment.
According to reports, witnesses stated that Tanner
had been standing nude in front of a large window and was
inappropriately touching himself while women and children
were walking by.
"We have four witnesses; all of them live at
Lynnridge Apartments in the CD building," said Det. Ed McGee,
who took part in the investigation. "One of the witnesses
said that he did this in front of her and her two-year-old
son."
McGee stated that incidents such as this one
have occurred before.
"According to one of the witnesses that we talked
to, it was not a one time thing; he had done this before,"
he said. "In one of the statements, one of the witnesses states
that he stands there and laughs at them."
In another of the incidents reported by witnesses,
Tanner was seen standing nude in front of the window holding
his infant son. Because of that, McGee said, the Department
of Children's Services was contacted.
"You've got to cover all of your bases," he said.
"When there is a child involved, you want to make sure the
child is safe."
Even though Tanner was standing in his own apartment,
he is being charged with indecent exposure because he was
in plain sight of the public.
"What you do in the privacy of your own home
is one thing, but when you come out on the balcony or put
the doors open like he did in plain view of the public, that's
what makes it against the law," McGee said.
The Tennessee Code Annotated defines indecent
exposure as when someone "knowingly or intentionally" engages
in sexual intercourse, appears nude, fondles either their
own genitals or the genitals of another person, or engages
in other sexual acts in a public place", according to McGee.
The Tennessee Code defines a public place as "any location
frequented by the public or where the public is present or
likely to be present or where a person may reasonably be expected
to be observed by the public."
McGee stated that because the other residents
had to walk past Tanner's apartment to reach their residences
and because the balcony and windows are plainly visible by
passersby and his actions seemed intentional, Tanner's actions
fall under indecent exposure.
Tanner appeared in General Sessions Court on
Monday, and the judge appointed a public defender the case
and set a corporate bond of $3,000. Tanner has been released
on bond and is scheduled to reappear in court Feb. 14.
"The judge has ordered his child to be examined,"
McGee said. "We just want to make sure everything is OK there."
The examination will be conducted by doctors from the Department
of Children's Services and is scheduled to take place this
week.
Tanner was found guilty in April of 2002 on a
similar charge. In that case, Tanner was accused of committing
indecent exposure on Feb. 20 of that year in the parking lot
of Elizabethton High School. According to reports, a student
told the principal that a man in the parking lot had exposed
himself to her that morning when she parked her car. She gave
the principal a description of the vehicle the man was driving.
Two days later, police saw the described vehicle
in the parking lot. When they questioned the occupant, Tanner
confessed to the incident, according to reports.
The judge in that case fined Tanner $500 and
court costs and issued an order that he was not to be in the
area of any school in the City of Elizabethton or Carter County.