A Durango man accused of exposing himself to a woman at a gas station in June 2019 pleaded guilty to indecent exposure and was given a deferred sentence that carries two years’ probation.
Kyle McCaw, who was 27 at the time, was accused of entering a local gas station, asking the female attendant for the bathroom key and upon returning, exposing his genitals to the woman.
The woman told authorities McCaw then left the gas station for a few minutes, and then returned to again expose himself while trying to make “small talk,” which continued for a few minutes.
McCaw then left his name and phone number for the woman and then went back to his car, parked outside the gas station. Officers were able to locate McCaw and arrest him June 2, 2019.
McCaw pleaded guilty to indecent exposure Oct. 28, according to a clerk at the La Plata County Courthouse. During a two-year period of probation, he must comply with several terms, including a sex offender evaluation and treatment.
He must also pay associated costs and fines, the clerk said.
A deferred sentence is a sentence that is put on hold while a defendant completes probation. Typically, if a defendant meets the terms of probation, a judge may drop the sentence and guilty plea and clear them from a defendant’s record.
A similar plea agreement was denied earlier this year by Judge Dondi Osborne, who said she thought the sentence should be more punitive.
Osborne left the bench this fall, however, and visiting Judge Adele Anderson accepted the plea deal.
McCaw must register as a sex offender for the length of his probation. But if he’s successful, he may petition to be removed once completed with probation.
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