ALBUQUERQUE, N.M. – The local man who exposed himself to high school students found out he won’t be spending any time in jail.

David Garcia faced Judge Britt Baca-Miller for sentencing Wednesday. He was arrested nearly one year ago on charges of indecent exposure and tampering with evidence. 

Garcia pleaded guilty to two charges of indecent exposure as part of a plea deal he made back in December. 

In court Wednesday, he said he was sorry.

“I really just want to express truly how sorry I am to the victims in this case, I can’t imagine how they must have felt, and I am genuinely sorry for that,” said Garcia. 

According to court documents, two teenage girls told police Garcia exposed himself to them at least twice as they walked home from Manzano High School separately. 

Both girls reported he was inside a white sedan. On at least one occasion he followed one victim home, his sedan was caught on surveillance video.

His face captured in a photo taken by the victim. That helped police track him down. 

“I think he poses an ongoing threat to children,” said Sarah Ebbers, prosecutor. 

Prosecutors asked the judge to sentence him to the max under the plea deal. One year in jail followed by 18 months probation. 

“The state is asking for the state to impose a sentence that way. The defendant has to, one, serve time and two, register on the sex offender registry pursuant to SORNA,” said Ebbers.

“I’m requesting that the court taken a chance on him,” said Kenneth Gleria, defense.

The defense asked for no jail time, and no requirement to register as a sex offender. 

“Incarceration is not going to help Mr. Garcia in his steps toward rehabilitation and compliance on supervised probation,” said Gleria.

Judge Baca-Miller decided on no jail time. But Garcia will have to register as a sex offender. 

He will also spend two and a half years on supervised probation. He was ordered to successfully complete sex offender treatment programs, and to not have contact with any kids who are not his own.