(July 17, 2008) - A Falls County constable's job is on the line after his peace officers license was suspended for the next ten years.
The suspension came after H.F. Westerman, Jr. was convicted of indecent exposure in April 2004.
During Westerman’s trial, the woman who reported the incident testified that she saw Westerman sitting on the passenger side of a truck on June 26, 2003, holding his underwear down with one hand and masturbating with the other.
She called 911.
During his trial, Westerman told jurors that he was in the parking lot that day, but his pants were only down because he had gas.
Westerman testified that he had driven to Waco that day to meet a woman with whom he was going to play bingo.
Before he left for Waco, he said he ate some chicken, which apparently upset his stomach, he said, so, he pulled into the grocery parking lot and went inside.
After using the restroom, Westerman said he purchased some Pepto-Bismol, a Dr. Pepper, and a bottle of water.
He testified that he went back to his truck and got in on the passenger side and sat there for a while because his stomach was still upset.
He testified that he loosened his belt and unbuttoned his pants because he was uncomfortable, and drank the bottle of Pepto-Bismol.
Westerman testified that perhaps Reyna saw him shaking the bottle of Pepto-Bismol, but denied ever pulling his underwear down or exposing himself.
On April 26, 2004, Westerman was convicted of indecent exposure and sentenced to 120 days in jail, fined $2000, and placed on probation for 18 months.
Westerman appealed the conviction to the 10th Court of Appeals, which upheld the verdict in December 2007.
As a result of the conviction, Westerman’s peace officer’s license was suspended in June.
According to the Texas Commission on Law Enforcement Officer Standards and Education, TCLOSE, that means he should no longer be able to hold office.
But Westerman's attorney says that because Westerman is an elected official, TCLOSE doesn't have the power to take his office.
Westerman is running unopposed for reelection as constable in November.
He has until July 23 to appeal the suspension of his license.
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