The Mercury News

Man charged with felony after making ‘sexy’ comment

- By Jason Green jason.green@ bayareanew­sgroup.com Contact Jason Green at 408-920-5006.

A homeless man who allegedly asked a father if he could touch his 2-yearold daughter and later told an officer he thought the girl was “sexy” has pleaded not guilty to one felony count of annoying or molesting a child, San Mateo County prosecutor­s said.

The alleged encounter occurred Monday near the Redwood City Main Library. The suspect, identified as 46-year-old David Lewis, was rummaging through trash cans when the father and daughter walked past him.

Prosecutor­s said Lewis asked the father if he could touch his daughter. The father told him “no” and called Redwood City police.

Lewis allegedly told an officer, “I thought the little girl was cute and wanted to touch her,” and as they were walking to the officer’s patrol car, he spontaneou­sly said, “I was thinking about sex a little bit. She’s sexy.”

Lewis was previously convicted of a misdemeano­r count of annoying or molesting a child, which opened the door for prosecutor­s to charge the new alleged crime as a felony, said District Attorney Steve Wagstaffe.

“This conduct is criminal because his words were sexual in nature,” Wagstaffe said about the current case.

Details about the previous case were not immediatel­y available.

Appearing in court Tuesday, Lewis pleaded not guilty to the charge and the Private Defender Program was appointed to represent him. A preliminar­y hearing also was set for Feb. 5.

He remains in custody in lieu of $50,000 bond.

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