The 24-year-old man accused of exposing himself in front of a Chula Vista elementary school is headed to trial.
After hearing the evidence and testimony from witnesses - including the defendant's own father - a judge has decided to proceed with the case.
Justine Jeffrey Sison is accused of sitting on the front steps of McMillin Elementary School in Chula Vista while "rubbing" and exposing himself, according to police.
Prosecutors said multiple parents called 911 after seeing Sison with his private parts partially exposed in his hand while they were dropping their children off at school.
After receiving the 911 calls, officers discovered Sison in the bathroom of a nearby restaurant. Sison tried to punch the officers as they arrested him, but they were not injured, according to police.
The responding officers and Sison's father were in court Tuesday for the preliminary hearing.
In an attempt to argue against the indecent exposure and lewd acts charges, Sison's defense attorney claimed he was not intentionally exposing himself, but instead was scratching an itch from a rash he had at the time. The judge said that could not be proven and stayed the charges.
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Sison is charged with resisting an executive officer, indecent exposure, lewd acts and possession of marijuana. If convicted, he could face three years in prison.
The trial is set to begin March 11.
