Lewdness charge remains against candidate's son

OREM (AP) — A judge has declined to reduce a lewdness charge filed against the son of the Republican candidate for lieutenant governor.

Orem 4th District Court Judge John C. Backlund on Wednesday denied a plea agreement that would have reduced the class B misdemeanor charge against Nathan Gary Herbert, 33, of Provo, to disorderly conduct, a class C misdemeanor.

Orem city prosecutor Justin Johanson, who had worked out the plea agreement proposal, said he was still trying to determine how to proceed.

Herbert was cited Feb. 21 for disorderly conduct after he was allegedly seen by two University Mall security officers looking at a girl with his hand in his pocket, touching himself, Orem Police Lt. Doug Edwards said.

Herbert allegedly tried to evade a security officer, and there was a brief foot chase across the parking lot.

Herbert was cited for disorderly conduct, Johanson said, but Johanson's office decided to increase the charge to lewdness based on statements made by Herbert.

Nathan Herbert had worked on his father's campaign when he was a gubernatorial candidate before Gary Herbert became Jon Huntsman Jr.'s running mate.

"I stand by my son," Gary Herbert said. "I'm sure he'll work this out. He's doing what he needs to do to get this taken care of."