West Jordan man charged with lewdness in fitting room incident

SALT LAKE CITY — A registered sex offender faces lewdness charges after witnesses say they saw him naked and committing a sex act on the floor of a Walmart fitting room.

According to charges filed Friday in 3rd District Court, an employee of Walmart at 350 W. Hope Ave. was standing outside the fitting rooms Sunday with two customers, including a 12-year-old girl, when they witnessed the lewd behavior.

David Michael Atherley, 46, of West Jordan, has been charged with lewdness involving a child by a sex offender, a third-degree felony, and failure to register as a sex offender, a class A misdemeanor, in connection with the incident.

Police say Atherley has not updated his address since Sept. 11, 2008, making him a "noncompliant" sex offender. He also previously had been convicted of lewdness involving a child, the charges state.

Atherley is being held in the Salt Lake County Jail on $50,000 bail.

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