32nd charge for habitual flasher raises new questions about bond

By Joel Eisenbaum - Investigative Reporter

A Houston man has been charged for the 32nd time in Harris County.

PHOTOS: Eunius Carl Johnson's history of mugshots

Eunius Carl Johnson, 54, was most recently accused of exposing himself and touching himself inappropriately on a METRO light rail train. The incident allegedly occurred Thursday. He is charged with indecent exposure.

Johnson is a registered sex offender and has been classified as high risk on the Texas DPS sex offender statewide registry.

Late last week, Johnson appeared before a magistrate who authorized his release on an unsecured bond. Such bail agreements allow people charged with crimes to avoid paying bail money upfront.

Johnson is homeless.

In a similar arrangement earlier this year, Johnson failed to make his court date and he was arrested again.

A judge has some discretion whether such bond agreements are appropriate for repeat offenders who have skipped on bond before, but otherwise such bonds are mandated and common practice in Harris County.

A review of court records shows that Johnson typically spends between 90 and 180 days in jail once convicted, and then shortly thereafter commits the same crime.

Indecent exposure is a Class B misdemeanor, a crime punishable by up to six months in prison. It is a crime that is not eligible for penalty enhancements in Texas.

"The maximum punishment permitted under Texas law for indecent exposure (Class B misdemeanor) is 180 days in the Harris County Jail. A second conviction requires a defendant to register as a sex offender," Misdemeanor Division Chief Nathan Beedle, with the Harris County District Attorney’s Office, said. "Under current state law, indecent exposure can’t be enhanced to a felony, unlike instances of a third DWI, a third burglary of a motor vehicle, or a third theft charge. It would be up to the state legislature to address this if lawmakers see fit."

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