San Antonio, TX - A San Antonio Independent School District teacher has been arrested after allegedly exposing himself to a 9-year-old girl in a northwest Bexar County neighborhood, according to the sheriff’s office.
Teacher Identified as 42-Year-Old Andrew Smierciak
The suspect, identified as Andrew Smierciak, 42, is a teacher at Poe Middle School. He faces a charge of indecency with a child, a third-degree felony. Sheriff Javier Salazar announced the arrest during a Saturday news conference.
Incident Reported in Northwest Bexar County
Authorities said the child was walking in a neighborhood Friday afternoon when she noticed a gray vehicle. The driver, who had red-orange hair, smiled at her before exposing himself and performing a lewd act.
A nearby resident heard the child’s scream and rushed to assist her. That neighbor then followed the vehicle and confronted the driver in a business parking lot, allowing deputies to locate and arrest Smierciak.
Sheriff Commends Neighbor But Urges Caution
Sheriff Salazar praised the witness’s quick actions, calling them “heroic,” but emphasized that confronting potential offenders can be dangerous. “While we’re extremely thankful for the heroic actions of this witness ... confronting somebody in this situation is not something that we would recommend or endorse,” Salazar said. “In this instance, thank God everything worked out OK.”
Investigators Seek Possible Additional Victims
Salazar said investigators are still trying to determine why Smierciak was in the neighborhood and whether there could be additional victims.
SAISD Responds and Removes Teacher From Campus
The San Antonio Independent School District confirmed Smierciak’s arrest and stated it has informed the Texas Education Agency.
Teacher Sexual Abuse Legal Options
Parents facing a teacher’s alleged assault on their child need clear guidance on Texas legal protections. Our team speaks with experienced sexual abuse attorney Anjali Nigam about immediate steps, school liability, statutes of limitations, and compensation available to families.
Laurence Banville, Esq.: Parents are terrified when they hear about allegations like this involving a teacher. What are some immediate legal options for a child and family in Texas when there is suspected sexual abuse by a teacher?
Anjali Nigam, Esq.: The first step is to make sure law enforcement is involved so the incident is documented and a criminal investigation can move forward. At the same time, families can consult a civil attorney to explore claims not only against the individual teacher but, in some cases, against the school district or other institutions that may have failed to protect the student. Texas law allows survivors to seek compensation for medical care, therapy, emotional distress, and other damages related to the abuse.
Banville: Parents often fear they waited too long to come forward. Do survivors still have options if the abuse happened years earlier?
Nigam: Yes, they may. Texas has extended limitation periods for many sexual abuse claims, recognizing that survivors frequently need time before they are ready to report. In some situations, there is a lengthy window—sometimes decades—for civil claims, and for certain types of sexual assault, the statute of limitations against individual perpetrators has been eliminated or significantly expanded. The specific options depend on when the abuse occurred, the survivor’s age at the time, and whether the defendant is an individual, a public school, or a private institution.
Banville: What kinds of compensation can a survivor and family seek in a civil case involving a teacher?
Nigam: Civil cases are about accountability and stability for the survivor. Families can pursue damages for medical treatment, counseling and long-term therapy, as well as compensation for pain and suffering, emotional distress, and, in some cases, lost income for parents who must take time away from work. When the conduct is particularly egregious or when institutions ignored clear warning signs, punitive damages may be available against certain defendants to punish misconduct and deter future abuse.
Banville: For families who are unsure whether what happened rises to the level of a case, what is your guidance on taking the next step?
Nigam: I encourage them to reach out and have a confidential consultation as soon as they feel ready. A knowledgeable Texas sexual abuse attorney can review the facts, explain how criminal and civil processes work side by side, and help protect the child’s privacy and safety while claims are investigated. Even if they are not ready to file immediately, getting clear legal information early can help families make informed decisions about reporting, counseling, and long-term protection.
Take Action Now
Victims of teacher sexual abuse and their families deserve justice and support through every legal step. Contact our firm today for a free, confidential consultation—our experienced Texas attorneys stand ready to protect your rights and fight for the compensation you need. Call now to start rebuilding your future.