Man violates his probation by picking up two indecent exposure charges

By Abby Morris
Star Staff
amorris@starhq.com
A 21-year-old man charged with two counts of indecent exposure earlier this month was served a warrant Wednesday afternoon charging him with violation of probation.
David Kelly Tanner, of 1025 Berry Hill Road, who is currently being held in the Carter County Jail without bond, was served the warrant by Carter County Sheriff's Department Deputy Donald White.
Tanner was placed on probation in February of this year after he was convicted of indecent exposure in General Sessions Court. He had been charged with three counts of indecent exposure following an investigation into a series of incidents that had occurred at Lynnridge Apartments on Bluefield Avenue in January of this year while he was a resident at those apartments.
On February 14, Tanner pled guilty to all three counts and was sentenced by General Sessions Court Judge John Walton to one year of probation and was ordered to attend counseling. Tanner was sentenced as a 50 percent offender, according to Assistant District Attorney Mark Hill, who explained that sentencing him as such would cause Tanner to have to serve six months in jail if he were to violate his probation.
The warrant Tanner was served with on Wednesday charges him with violating that probation due to the fact that while he was on probation, he picked up two more charges of indecent exposure.
On July 10, a female employee of a local store reported to law enforcement officers that a male subject had entered the store, looked around for approximately 45 minutes and then exposed himself to her and left the store. The female employee then picked a picture of Tanner out from a photographic lineup and identified him as the man who had exposed himself. Tanner was arrested on that charge on July 11.
After he was arrested on that incident, Tanner's mother-in-law, Annete Batich, reported to police that Tanner had exposed himself to her 14-year-old daughter, who is Tanner's wife's sister.
According to reports, the incident happened on July 3 at Batich's residence. "Ms. Batich stated that on that date between 12:30 p.m. and 3 p.m. Mr. Tanner and his 9-month-old son were visiting her at her residence," Elizabethton Police Department Ptl. Joy Shoun states in her police report on the incident. "Ms. Batich stepped onto the porch with her son and Mr. Tanner and her 14-year-old daughter were left in the living room with the small child.
"Ms. Batich stated that she was on the porch for approximately 10 minutes and when she returned to the living room, (her daughter) had went to the bedroom and was crying.''
According to reports, the daughter advised Batich that while Tanner was sitting on the couch talking to her, he had raised the leg of his shorts and had exposed himself to her.
Tanner's two newest charges for indecent exposure will be treated as felonies due to the fact that he has two prior convictions for indecent exposure according to EPD Inv. Jason McCall. According to Assistant District Attorney Mark Hill, indecent exposure is a misdemeanor in the state of Tennessee, but if a person has two prior convictions for the offense, and is charged with indecent exposure again, the crime becomes a felony.
In April of 2002, Tanner pled guilty to indecent exposure following an incident were he was accused of exposing himself to a female student in the parking lot of Elizabethton High School. 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.