Texas A&M wide receiver Kirk Merritt is pleading not guilty to indecent exposure charges stemming from incidents in October 2016 where he’s being accused of exposing himself to two female tutors.
According to the Houston Chronicle, one women claimed Merritt exposed and touched himself “while sitting in arm’s reach” of her. Another tutor came forward and said Merritt did something similar to her, where he pulled down his shorts and held himself while close by.
Both victims said they were “offended by the act of exposure.”
Rick Davis, Merritt’s attorney, told the Houston Chronicle the wide receiver had “a bad case of jock itch.”
“While Kirk is very embarrassed about this situation, and has apologized to the two tutors that he offended, he did not intend to gratify anyone by exposing himself,” Davis said. “The statute Kirk has been accused of violating requires that the Defendant have an intent to arouse or gratify the sexual desire of any person and that the Defendant is reckless about whether another may be present who will be offended or alarmed by his conduct.”
Davis believes the receiver’s actions fall under the “Disorderly Conduct statue,” meaning a defendant is “reckless about whether another may be present who will be offended or alarmed by his act.”
Merritt was suspended by the school indefinitely after he was arrested in November. However, the suspension was lifted on Feb. 1 after a “university conduct process.”
The wide receiver is a transfer from Oregon, who sat out the entire 2016 season under NCAA transfer rules. In 2015, he caught five passes for 61 yards for the Ducks.