(July 22, 2008)—Falls County Constable H.F. Westerman, Jr., who lost his peace officer’s license after he was convicted of indecent exposure, has submitted his resignation effective July 31.
Westerman was convicted of indecent exposure on April 6, 2004 and was 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 last month.
According to the Texas Commission on Law Enforcement Officer Standards and Education, TCLOSE, the suspension disqualified him to hold the office, but last week Westerman's attorney said that because Westerman was an elected official, TCLOSE doesn't have the power to take his office.
He faced a July 23 deadline to appeal the suspension.
Westerman was running unopposed for reelection as constable in November.
It wasn’t clear Tuesday whether he had withdrawn his name from the ballot.
If he does, the Falls County Democratic Party can name another candidate for the position.
During Westerman’s trial in 2004, the woman who reported the incident testified that she saw Westerman sitting on the passenger side of a truck on June 26, 2003 in a Waco supermarket parking lot, 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 supermarket 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.
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