SIDNEY – A Shelby County Common Pleas Jury returned a verdict of not guilty in a case against Austin T. Gambrel. Gambrel was indicted on one count of public indecency, a fifth degree felony, after a previous conviction of public indecency.
Gambrel, 27, was accused by a 13-year-old girl of making sexual comments, touching her inappropriately, exposing and stroking his penis in front of her at a local park. Gambrel had a prior conviction of public indecency, which was changed from unlawful sexual conduct with a minor who was 14 years old.
The jury returned a verdict of not guilty less than an hour after deliberations began.
Gambrel had taken two juvenile girls, including the victim, and two juvenile boys on a bike ride to Chilly Jilly’s and then to two parks where these incidents occurred before returning home. As soon as Gambrel and the juveniles arrived at the victim’s home, Gambrel left and soon after the victim informed her parents of the incident and the police were called.
The opening statement for the state was given by Heath Hegemann, assistant prosecuting attorney for Shelby County. Hegemann said, “We all have a duty to protect the most vulnerable among us.”
Laura Waymire, assistant public defender, gave her opening statement. She said the prosecution’s case was “all about covering up the truth.” She also said the juvenile girl was afraid Gambrel would tell on her, about her behavior at the park, and made up a story to get Gambrel in trouble rather than herself.
The first witness called was the juvenile girl; the Sidney Daily News does not identify juveniles.
She talked about a day in May 2023 and said her family, including Gambrel, started the day by going to a Trader’s World in the morning, and after they came home Gambrel asked her and the other juveniles to go on a bike ride to Chilly Jilly’s. Gambrel was the only adult on this ride.
They went to Chilly Jilly’s, then to Berger Park and Brown Park. As they entered Berger Park, the juvenile girl said Gambrel asked her if she wanted to go skinny dipping, and that he made her feel uncomfortable.
While there, she took off her shoes and socks and was in the river, and she asked Gambrel to help her get out of the water, which is when he allegedly touched her butt and hip. She believes Gambrel intentionally touched her, but didn’t say anything to him because she hoped he wouldn’t do it again.
They continued to Brown Park. At Brown Park the juvenile girl said she sat on a bench and Gambrel sat next to her, only centimeters away, and this is when he pulled out his penis and began stroking it. She said she got up and wanted to go home. They all rode their bikes home, and Gambrel asked her questions like, “Did you enjoy it?”
They were gone for approximately two hours between ice cream and the two parks. When they got to her home, Gambrel stayed for about 10 minutes before leaving and the juvenile girl told her mom as soon as he left. Officer Jordan Fox came to the home and took the report.
Waymire asked the juvenile girl if she had a good relationship with Gambrel prior to this and she said yes. Waymire clarified with the juvenile girl that Gambrel exposed himself at Brown Park, and the girl confirmed. Then Waymire showed a very brief clip of the video interview with Officer Fox from that day where Fox asked if this happened at Brown Park and she said no.
The second witness was Officer Jordan Fox of the Sidney Police Department. He was called in for a possible sex offense and his job was to investigate the claim that Gambrel had exposed himself at the park. He said the juvenile girl affirmed Gambrel had exposed himself, and that Berger Park and Brown Park are easily confused due to their proximity and similarity to their names, especially since Gambrel and the group of juveniles had biked to both parks.
Fox said the juvenile girl’s responses during the interview that day matched what she testified. He also said he tried to get in touch with Gambrel but was unsuccessful since Gambrel did not live in Sidney.
Waymire asked Fox if he did the follow-up interviews with the other juveniles on the bike ride. Fox said he did not. Waymire also asked him if his narrative report was “accurate and thorough” since it did not mention all the juveniles on the bike ride.
Waymire said the girl said it was Gambrel’s idea to get ice cream, but in Fox’s report it said it was the girl’s idea. Waymire also said Brown Park has cameras which could be checked to verify the story, but Fox never checked them. Fox said the other police officers said the cameras don’t cover the area of the park where the juvenile girl said the incident happened.
Waymire then showed Fox his report and asked him to read over it to see if his report matched his memory and the testimony of the girl. Fox said according to the report, Gambrel exposed himself at Berger Park while getting out of the water, not while at Brown Park.
Hegemann said this case is not about whose idea it was to get ice cream, and that it doesn’t matter if the incident happened at Berger Park or Brown Park, but that the report covered the pertinent information, including the comments about skinny dipping and Gambrel exposing his penis.
At this point the state rested their case and Gambrel took the stand. In his testimony, he said he thought the juvenile girl was lying to cover up her own lies and actions. Gambrel denied making inappropriate comments, touching the juvenile girl, and exposing his penis.
Regarding the prior conviction, Gambrel explained that when he was 18 or 19 he met a girl at a party, and they met up to have sex, and the girl was 14. The original charge was unlawful sexual conduct with a minor, but it was negotiated to public indecency.
Gambrel described himself as being the helpful and watchful person who kept an eye on the juveniles, and how he spoiled them by letting them get whatever they wanted at Chilly Jilly’s. Gambrel said while the juvenile girl and two of the juveniles were in the water, he was speaking with another person and they were bonding. He described the juvenile girl and the other two juveniles as playing in the water, hitting each other on their butts and trying to push each other into the water. He said the juvenile girl asked for him to help her get back to shore, but she got back before he could make it to her and he never touched her.
Gambrel said the juvenile girl mentioned skinny dipping and also said she had walked in on her brother taking a shower because he doesn’t lock the door. Gambrel also said the juvenile girl asked if Gambrel was going to tell her stepdad what she said, that in the past he had told the stepdad about things so that he could correct her.
Gambrel said in the two hours they were together, he did not say anything inappropriate, but that he did have a heart-to-heart conversation with another juvenile girl.
When asked why he thought the juvenile girl would lie about this, Gambrel said he still questions it to this day, and that he thinks she did because she didn’t want him to tell her stepdad that she saw her brother naked in the shower.
At this point the defense rested and both attorneys made their closing arguments. Hegemann asked the jury: “What do you believe? Who do you believe?”
Waymire said Gambrel did not have to testify, but he wanted the jury to hear what happened. She also said law enforcement took the easy way out and did not build a case beyond “he said, she said.” The only evidence is the testimony of the witnesses, and if the juvenile girl lied about who suggested they get ice cream and what park she said the incident occurred at, then “how do we know any of this happened?” Waymire said the girl used Gambrel’s past mistakes to cover up her own behavior.
