YOUNGSTOWN, Ohio (WKBN) – A jury was seated and opening arguments were heard Monday in a Mahoning County courtroom for a former volunteer with the high school band at Poland.
Kevin Downs, 47, is accused of abduction and public indecency.
Police charged Downs after they say he exposed himself to a student during a private lesson at his home in December of 2012.
During opening arguments Attorney John Juhasz told the jury his client experienced what he calls a “wardrobe” malfunction.
“What happened is what is known in common parlance as a “wardrobe malfunction,” Yuhasz said. “Kevin was sitting in a chair and there was a pucker in the pants.”
Assistant Mahoning County Prosecutor Jennifer McLaughlin said the girl gathered her things and tried to leave, but Downs tried to stop her.
“The defendant grabbed her. He doesn’t want her to leave. He follows her upstairs. He grabs her again and he tries to stand in front of the door,” McLaughlin said.
Downs was not a paid employee of the Poland school district but did help the percussion section of the band during the marching season. He also offered private instructions through his business, the KAD School of Percussion.
Downs is also the founder of the local band Redline.