Editor's note: This story contains graphic language that might not be suitable for some readers.

A Cowley County judge declared there is enough evidence to bind a man accused of felony lewd and lascivious behavior over for trial after a preliminary hearing on Monday.

Arraignment for David Lee Scott, 72, of Winfield, will be at 3 p.m. Sept. 30 in the Winfield courtroom. Scott faces one charge of felony lewd and lascivious behavior for allegedly exposing himself to a family, including young children, at the Winfield Braums on March 23, 2019. The charge is a felony because the children were under 16.

The State of Kansas called three witnesses — Brooke Denson, her husband Chet Denson, and his mother Tricia Denson. All three testified, they were at the Winfield Braums with other family members on the date of the alleged incident. The witnesses testified that, while seated at two booths in the restaurant, they saw Scott sitting at a tall table nearby, touching his exposed private parts. Brooke Denson testified that she got up and went to report the incident to a Braums employee, while her husband and the other adults gathered the kids and left the restaurant. She then called Winfield Police, who met them in the parking lot and took reports. Witnesses said the children did not see anything.

During the hearing, witnesses were also shown surveillance video taken from Braums and asked to point out specific happenings that took place during the incident. Prosecutor Michael Henson apologized for the quality of the videos during his closing argument, but said they establish that the defendant was in close proximity of the family and their immediate reactions to the incident.

Defense attorney Aaron Steventon focused on inconsistencies in the witness’ testimony, such as some of the witnesses saying Scott touched himself with his right hand, while others said it was his left hand he used. Steventon said during his closing argument that the state had not met its burden of proof because of these inconsistencies.

Cowley County District Court Judge Nicholas St. Peter, in declaring there is enough evidence for a trial, said that the one consistency was that all witnesses said they saw Scott with his penis out and touching himself. The state statute Scott has been charged under, says the state has to prove that Scott had his sex organ out and was touching it in front of children ages 16 or younger, which the evidence has established.

Scott remains free from jail on bond.

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