PORT ANGELES — A Bremerton man who allegedly told police he took an upskirt video of a 16-year-old girl July 18 at the Lavender Festival Street Fair faces arraignment on attempted voyeurism and child pornography charges in Clallam County Superior Court this week.
Bail was set Friday for David William Cummings, 41, who was arrested Friday for investigation of one count of attempted voyeurism related to the Street Fair incident and six counts of possessing depictions of minors engaged in sexually explicit conduct.
The depictions were among images found on the cellphone he allegedly used to record the teenager as she stood near him while buying hand sanitizer at the Street Fair in downtown Sequim.
He remained in the Clallam County jail Saturday on $50,000 bail.
Arraignment is set at 9 a.m. this coming Friday.
In his first court appearance Friday, Cummings told Judge Christopher Melly that he could not afford a lawyer.
“Currently, I’m employed at Burger King, but I think I may have lost that job,” Cummings said.
Clallam Public Defender attorney Loren Oakley, who represented Cummings for the hearing, said Cummings should be released on his own recognizance.
Oakley told Melly that Cummings does not have a criminal history and that the Lavender Festival occurred two months ago.
Melly rejected the argument, agreeing instead with the recommendation offered by Michele Devlin, chief criminal deputy prosecuting attorney.
Community safety
“Community safety does justify the setting of bail,” Melly said.
Lt. Sheri Crain, deputy chief of the Sequim Police Department, said Friday it’s not that unusual for people to take sexually suggestive photos in public places and exchange them on the Internet.
“That’s the kind of world we live in,” she said.
“Everyone’s got cellphones now. Everyone needs to be a little bit vigilant.”
Street Fair participants were exactly that July 18.
A 15-page probable-cause statement authored by Sequim Officer Devin McBride and filed Friday by the county Prosecuting Attorney’s Office gave the following account of Cummings’ arrest:
Sequim police were dispatched to the Street Fair at the pedestrian-heavy intersection of West Fir Street and Second Avenue on July 18 after a woman called 9-1-1 to report a man had taken a photo under her daughter’s dress.
Witnesses corroborated the woman’s account.
Chased at festival
The girl’s mother said she confronted Cummings.
He ignored her, fleeing through the festival area while “messing with the phone” and being chased by the mother and witnesses.
“How dare you take my daughter’s picture,” the mother yelled at Cummings.
Police confiscated the phone as evidence, obtained a search warrant and conducted a forensic examination of the device.
83 video files
Authorities said they extracted 83 video files, adding that 56 depicted minors engaged in sexually explicit conduct.
Sequim police arrested Cummings outside his Bremerton home with the assistance of Kitsap County Sheriff’s Office deputies, said Scott Wilson, Sheriff’s Office spokesman.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at pgottlieb@peninsuladailynews.com.
