Darrin Ray Gibbs, 46, said in court that he “regrets it happened” but said his arrest “… made me realize it was a problem.” Gibbs had been convicted twice in Michigan for indecent exposure which prompted Kosciusko Superior Court I Judge Duane Huffer to ask the defendant why he didn’t think exposing his genitalia in public before wasn’t a problem. Gibbs said he didn’t realize it was a problem until his latest arrest.
Kosciusko County Prosecutor Dan Hampton told the court Gibbs has accepted the circumstances of his actions and asked the court to pass appropriate sentencing. Gibbs initially faced local charges of felony public indecency/indecent exposure and felony vicarious sexual gratification. In a plea agreement, the charges were altered to a class B felony charge of fondling in the presence of a minor, a class D felony of public indecency and a class A misdemeanor for prior public indecency.
Defense attorney Jay Rigdon told the court that while the prosecution did have an accurate accounting of Gibbs’ criminal background, he believed that it indicated a deeper rooted mental issue that needed to be addressed. “It makes no sense to spend time in prison where he won’t get the mental health treatment he needs,” said Rigdon, who noted Gibbs is currently in counseling.
Judge Huffer told the defendant that his actions were inappropriate and suggested there were more appropriate places for exposing himself, such as nudist colonies.
Gibbs will receive six days credit, was ordered to serve his terms – 2 years for the class B felony, 2 years for the class D felony and 1 year for the class A misdemeanor – concurrently in a state prison. He was also ordered to counseling.
According to court and police records from the Kosciusko County Sheriff’s Department, Gibbs was arrested on or about Feb. 4, a day after he was seen exposing and touching himself in front of Amish school children. Witnesses were able to obtain a license plate number and authorities quickly investigated.
Gibbs was immediately ordered to police custody to begin serving his sentence.