ST. GEORGE — A St. George man released from jail last weekend following an arrest for what officers said was exposing his genitals to two juveniles was arrested for a second time two days later for a similar offense that took place a month before.
And he was released one day after the most recent arrest, while investigators have reason to believe the suspect was involved in other, similar cases.
The suspect, 37-year-old Thomas Ryan Gardner, was arrested Tuesday evening three days after he was released on a similar case, and he was booked into jail facing two counts of lewdness with a child, which are class A misdemeanors.
The first arrest took place on Saturday when officers found the suspect at Thunder Junction All Abilities Park in St. George, where he had allegedly shown his genitals to two juveniles in an area near the park entrance. The suspect was located and arrested shortly thereafter, and he was booked into jail on two counts of lewdness with child.
He was released from custody on Sunday and was back in police custody on a lewdness-related incent three days later — one that was reported on Sept. 15, involving two juveniles that were riding their bicycles through Dixie Downs Park after school.
In that incident, the girls were riding in the park when they noticed a man with a mustache who was sitting on a bench near the fence located on the west end of the park. He reportedly showed the girls his genitals, according to the probable cause statement filed in support of the arrest.
The suspect then asked the girls if “they wanted to watch him while he masturbated,” the officer noted in the report, adding the girls quickly rode off and alerted their parents to the incident.
Officers obtained video footage captured by one of the area schools that showed the two juveniles entering the park on their bicycles shortly before 4 p.m., followed by a male matching the description provided to police. The video also showed the girls leaving the park less than 25 minutes later, and the man was seen following the adolescents until he turned onto 1230 North heading west.
Officers were unable to identify the suspect until they read about the incident that took place over the weekend at Tonaquint Park.
The report also states that investigators have reason to believe that Gardner was the suspect involved in two similar incidents reported on Monday. The first was reported near Snow Canyon High School and the second on Dixie Drive.
The detail from video surveillance at the high school was limited and only showed a man standing near the seminary building. Due to the distance, officers were unable to positively identify the suspect at the time.
The report also states that when officers located Gardner he reportedly told them “he had a problem, and was addicted to pornography.”
The suspect also said he hadn’t meant to show the girls at the Dixie Downs Park his penis because he had his backpack in his lap and then denied asking them to watch. The suspect also told investigators he had shown the girls at Tonaquint Park his genitals, police say, and Gardner stated he was struggling emotionally and needed help.
Gardner denied being involved in the incidents at the high school and on Dixie Downs, saying “he swore those were not him,” adding that jail was hard on him and he hadn’t done anything since he was released from custody on Sunday.
The officer noted the suspect was wearing clothing that matched what was reported in the incidents reported at the two parks, and the nature of the incidents were similar as well.
The suspect was transported to Purgatory Correctional Facility and booked into jail on two counts of lewdness involving a child. He was released from custody the following day after posting a bond.
When St. George News contacted the Washington County Attorney’s Office, prosecutor Eric Gentry said Gardner was released after both arrests when he posted bail. The suspect’s bail was set at $2,500 on the first case and $3,000 on the second case — which was higher than the standard $2,500 bail that is typically set for a class A misdemeanor.
Gentry also said that under Utah law, Gardner could not be held without bail unless he was booked in on a felony, and the lewdness charges could not be enhanced since the suspect had no prior convictions on those charges.
Any change in the way these offenses are handled would require a change in legislation, he said. Otherwise they are required to work within the perimeters of the law currently in place.
Following the most recent arrest, Thomas was scheduled to make an initial appearance in 5th District Court on Friday.
This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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