SAN ANTONIO -- A Good Samaritan tells KENS 5 he confronted a man committing a lewd act inside an ice cream truck. The Bexar County Sheriff s Office confirms the crime happened, but while many might think the offense deserves serious jail time, it s only a misdemeanor.
It was September 19, when Nicholas Irving noticed something unusual about an ice cream truck in his northwest Bexar County neighborhood. Irving claims the driver was on his cell phone, but was doing something worse than texting and driving.
I saw what he was doing and on his cell phone he was watching pornography, said Irving. As I approach the window he has his pants completely all the way down.
Authorities said after Irving confronted the driver of the ice cream truck, the suspect admitted everything to his employer.
This was just an individual who made a mistake, used very poor judgment and he committed a misdemeanor crime and we will handle appropriately on a legal basis, said BCSO spokesman Paul Berry.
Berry said the suspect had no criminal history and since there were no children involved, the crime goes down as indecent exposure, which is a misdemeanor.
As of this time we can assure the people of that neighborhood that there is no danger to them as a result of this incident, said Berry.
I m glad that he was found and I hope it taught him a lesson, said Irving.
While Irving says he s happy to hear the man he confronted has been caught, he also says he wishes the laws were tougher when it comes to lewd behavior.
I m kind of upset about it, I would ve liked to have seen him put in jail, I mean who knows what could ve happened, a kid could ve got into the vehicle and saw what I saw, said Irving. I think if you re in a vehicle like a school bus, or ice cream truck, something that deals with kids, there should be a different law for that. If you re doing what he was doing that should be a felony in my opinion.
BCSO said had a child witnessed the crime it would ve been a felony charge. Authorities also said the man has been fired and is no longer driving that ice cream truck.
