Former KHOG Met Guilty in Picture Taking Incident
Source: The Morning News A former television weatherman accused of harassing an 11-year-old girl by taking surreptitious pictures of her was found guilty in a bench trial Tuesday in Fort Smith District Court.
Justin Povick, 25, was charged with the Class A misdemeanor in connection with a June 12 incident at Creekmore Park, where the girl was swimming.
Povick has not been employed by KHOG since shortly after the incident was reported.
District Judge David P. Saxon withheld sentence.
The offense is punishable by up to a year in county jail and/or a maximum $1,000 fine. The state recommended a one-year suspended sentence and counseling by Larry Gant, a local counselor highly regarded in the legal community.
If the defense chooses to appeal, Saxon indicated he would set an appeal bond and the case would be forwarded to Sebastian County Circuit Court.

65 Comments:
Hopefully, they'll throw the book at him. The station was smart to "wash their hands of him" as soon as this happened.
I just want to say Justin needs Psychartic help.Because no normal person would be talking pictures of minors like that.
What is the deal with lower legs and feet?
This goes to show that sexual predators come in all shapes and sizes(from U.S. Senators to television weather personnel). Parents have to be on guard and responsible for the welfare and protection of their children.
I hope Justin gets the professional and spiritual helps he needs.
ESPECIALLY tv weather people. Pervs.
i hope he gets help, he needs it.
WINTER STORM!!!!!!!!!
What's the deal? Supposedly all his pics were of lower legs and feet...
??
It doesn' matter what the "deal" is. No one should be taking photos of children he does not know, without the persmission of the parent--legs, feet, ear lobes, whatever---you just don't do it, especially not at a public swimming pool. There is no reasonable, acceptable explanation. This man is a pedophile, and the only fortunate thing about this situation is that he was discovered while only taking photos of children instead of touching them.
i didn't mean it was "ok" to be taking pictures of lower legs and feet of kids..i agree with you. Just found it bizarre--pictures of feet?
A foot fetish, maybe?
You people are supposed to be employed by media and in the business and don't know that anyone can make photos of anyone in a public place? It's called no reasonable expectation of privacy.
Yeah--we use that all time! Photogs can shoot from the street, the median, the curb...anything that isn't considered private property.
hmmm...the pool where he was taking pictures was public property...but he was taking them secretly. I guess it would fall under the same guidelines we use when taking pictures of children at a public school. We are supposed to have a release signed because they are minors.
I wouldn't want him taking pictures of my daughter, even if it were just her feet.
That's right, but he was not, repeat not broadcasting them or publishing them so no release was needed as would be in your case. All he needed was a good lawyer.
Don't get me wrong, I know what accused of doing was shady but when it comes to the law, he was perfectly within his or anyone else's rights. Had it been a private pool, private residence, country club, etc. it would be different.
This whole story was just creepy I hope its done. I agree you just don't know who is a ped these days, its the people who you probably wouldn't suspect either. I can't watch the news the same either just makes you think especially ch 40.
The poster at 11:57 brings up a good point about schools requiring a signed release from the parents before their children's faces can be photographed for the news, etc. But even at my child's daycare, you are not allowed to take photos of OTHER people's children without their consent. And there's no broadcasting involved there at all. There is, however, the idea of creeps like this guy posting pics on the internet on child porn sites. Now what? It's not "broadcasting," as 12:26 points out, but it's sure putting the photos out there for other creeps to view. And as for needing a good lawyer...if I caught a guy like that taking photos of my child, the only one who'd need a good lawyer is me...for assault charges.
. . . and, if it were in a public place, you WOULD need a good lawyer to defend you because no charges could be filed agains him. A PUBLIC place. That's the key word here.
Public place or not...if I see someone taking photos of my child and I tell that person to stop, and he refuses or tells me it's his "right" to take photos of my child...believe me, there is going to be a major problem. The above poster is evidently not a parent. You'd drop this "public place" argument if you were.
Can't take pics INSIDE a public facility without permission, it would have been different if he was on the curb or on the street.
Don't believe me? Next time there's a trial by jury show up in court-on public property-and snap away and see what happens.
It is so easy being a tv weatherman. I mean you could make snow predictions for January and be wrong and no one will care. If you are right you will be talking about how right you were and you made the prediction back in October. Yet it takes no brains or skill to make this prediction. Its pretty ridiculous really.
Well, I can see that you have not been in the news business very long. Have you never seen photographers working in a court room? Yes, some proceedings don't allow photos but to say that a court room is a public area is a far cry from a park, or on a sidewalk or street. A little more experience is what you need, both in gathering news and the law as it applies to what you can and cannot do.
"Public place or not...if I see someone taking photos of my child and I tell that person to stop, and he refuses or tells me it's his "right" to take photos of my child...believe me, there is going to be a major problem. The above poster is evidently not a parent. You'd drop this "public place" argument if you were."
And you would do what?
"It is so easy being a tv weatherman. I mean you could make snow predictions for January and be wrong and no one will care. If you are right you will be talking about how right you were and you made the prediction back in October. Yet it takes no brains or skill to make this prediction. Its pretty ridiculous really."
All of the forecasts come from the weather bureau. The local guys and gals just change it a little in order to have a weather segment in the newscast so more commercial time can be sold. Sales rules!
"All of the forecasts come from the weather bureau. "
The forecast from KFSM comes from the Tulsa N.W.S...just ask them last winter when they followed the N.W.S and forecasted a major winter storm...whoops! Nice try guys...
I don't think any weatherperson is stupid enough to rip off the tulsa weather bureau, especially after they blew the major tornado in '96.
Sounds more like petty competitors trying to puff themselves up.
"Sounds more like petty competitors trying to puff themselves up."
Sounds like a KFSM homer who holds a mississippi state certificate
Huh?
who is the reporter with the dancing eyebrows and weird upper lip? i've never seen him before
That would be Russell Jones
I am friends with a KFSM reporter and she says that guy is scary weird.
Taking pictures from public property and taking pictures of kids at the pool are two seperate issues.
It's not about privacy versus public view. It's about the sexual exploitation of children. Taking pictures of an underaged girl changing her shirt, even if she was near an open window and you took the picture from your property, is illegal because that would be considered sexual exploitation of a minor. You're not invading her privacy (because it's public view... she's in a place that can be clearly seen by the public) but it's still illegal because she's under 18.
I'm pretty surprised that so many so-called "informed" posters here don't know this... especially those seeming to be photogs. Guess you shouldn't have skipped ethics class.
russell jones?
indiana jones?
did he take pictures of a girl changing her shirt? I thought he took pictures of feet.
The hateful personal attacks on this blog make you realize how shallow & jealous TV 'talent' is to other TV 'talent'.
This is getting dreary..if you're talking about a child changing her shirt in a bedroom near an open window, I think you do have some expectation of privacy in your own bedroom. But be that as it may...we are talking about MINOR children here. Whether this nutball was taking photos of feet or anything else, at a pool or in a house, or anywhere for that matter...it's still sexual exploitation of a minor. He was doing something weird, and it involved a minor child.
"I'm pretty surprised that so many so-called "informed" posters here don't know this... especially those seeming to be photogs. Guess you shouldn't have skipped ethics class."
Ethics are not laws. Something can be unethical but legal. I am surprised that you haven't researched this in the law library. If it's in public view, you may photo it. Case closed.
8:25 AM, October 10, 2007:Ethics are not laws. Something can be unethical but legal. I am surprised that you haven't researched this in the law library. If it's in public view, you may photo it. Case closed.
No, you cannot take pictures of minors in a sexually charged fashion. Even if they are in public, and everyone can see them. It's against the law... something you would have learned in an ethics class, where they discuss what's legal, what's illegal, and what's legal but unethical.
Once again: this case wasn't an issue of privacy. It has nothing to do with where Povic was when he shot the video. It's an issue in the percieved sexual abuse of a minor, through covertly shooting video of them in a sexual or inappropriate manner. At least that's what the judge believes.
God I hope you're not a photog anywhere. Your station is set to get the crap sued out of them.
Who are you friends with? Let me guess if its who I think it is she isn't all that.
"something you would have learned in an ethics class, where they discuss what's legal, what's illegal, and what's legal but unethical."
How many photogs in this market actually have a college degree...yeah, there's the problem!
I wish 40/29 would have added more blue to their set.
percieved
That's the word. I could not have said it better. You just made my case. Also, the judge has no say so if it's a jury trial. The accused gets his/her choice you know. Or do you.
How much time do you have in a courtroom, other than watching?
How can a misdemeanor offense be heard in circuit court. Oh, wait, that's pretty close to Oklahoma isn't it.
Alot of people have a foot fetish. I for one do and think that Ashley Ketz and Ashley Beck have the cutest feet. I've seen upclose pictures of them on my friend's cell phone who works at Channel 5 and takes candid pictures of their feet.
some of you people are just wrong. i can't help but laugh at some of this bs though. did you take those pics at the electric cowboy or central mall? you guys are just crazy, i'd love to know what kfsm reporters are posting on here i know for almost a fact there is one she knows who she is.
It isnt just a former KNWA/current KFSM reporter on here. Most everyone at KFSM is involved here in some way or other. The amount of gossip and rumors that goes on there and comes out of there is simply amazing.
The foot pictures of Ketz and Beck have been passed around quite a bit. I've seen them myself. I'm not into that sort of thing but there are more people that are than you might think. The ones that are did say that they both have very sexy feet.
Povick? Is that you?
enough, enough this isn't even funny.
I would like to know who from "The Nickel" is posting here? I have my suspicions don't you guys? I think she is a good reporter in all seriousness if its who I think it is. I really don't want to say a the name on here.
Well you must be confused. I was following you UNTIL you said "I think she is a good reporter". Anyone who watches "The Nickel" knows there are no good reporters there.
The girls over at 5 like to frequent the Cowboy. And they do go by the motto "Save a horse, ride a cowboy".
"The ones that are did say that they both have very sexy feet."
Can you see any toejam?
These 5 news girls sound fun any of them on Myspace?
I heard the stories about a girl the name starts with "A" at the electric cowboy.
Ok I suppose you're right, there aren't really "good" reporters on there. I just think the one I think is posting here is the best of what they got which isn't saying much I guess. This Electric Cowboy seems like a jumpin' joint I heard about it many times so plenty of the hotties go there? Thanks for the tip.
There are NO "good" reporters, anchors, or weather talent at 40/29, 5, or 24/51.
Don't be so smug, you suck too.
Met some gals over there at that Cowboy place, Ashley and Sara were their names.
Ashley and Sara still hang out? Even after Ashley stole Sara's man? If they tend to run together, it seems like a case of forgive and forget.
That guy has cheated on everyone he has ever been with. He can't help it.
Even after Ashley stole Sara's man?
That sentence doesn't seem right.
Who cares what 5 news chick is at the Electric Cowpie, who are they anyway?
just because people are on tv, they are not celebrities. they are just people.
That guy must be stupid, leave that for that?
Meredith Mitchell is the hottest babe on THV. All of the other women on there look either old or ugly. The only one on there that is even somewhat pretty (other than Meredith) is Melissa Dunbar.
We are so lucky to have such hotties telling the news to us each day thank you god!
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