The man witnessed by Juneau Walmart employees following a mother in her 20s around the store while touching himself through holes in his coat pockets had his day in court on Wednesday.
55-year-old Samuel C. Holes pleaded “No Contest” to open lewdness in front of Judge Thomas Nave in Juneau District Court before receiving a sentence of five days in jail and two years of probation for his crime.
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It was on October 18th of 2012 that Holes was seen by Walmart security guards following a young mother and her child who was shopping at the store, all the while fondling himself under his long jacket while pushing a cart.
At sentencing, the prosecutors asked for a sentence of 90 days, which is the maximum sentence for a class B misdemeanor. The prosecution asked for the maximum, calling Hole’s crime a public safety issue.
Public Defender Thomas Wagner, who was defending Holes, said that the case was not one of public safety as Holes had attempted to conceal his act rather than to allow it to be observed by others. Wagner stated that his client was not trying to be seen and was only observed by the security guards who were following him around.
Wagner further argued that Holes was not a sex offender and did not pose a danger to the victims or to the public.
The self-proclaimed artist who works as a dishwasher told police after the incident that he was not watching the little girl.
In court, Holes pleaded for leniency for his conduct and asked for community work service instead of jail time. He told Judge Nave that he had received counseling for mental health issues in the past and had enrolled with the Juneau Alliance for Mental Helath to receive further counseling.
After hearing both sides, Judge Nave stated that although Holes had committed a serious offense, no one but the Walmart Security personnel saw the act and so sentenced Holes to 90 days with 85 suspended, two years of probation and 40 hours of community work service.
Holes is to report to do his jail time on Monday.