The Franklin News-Post|
P. O. Box 250
310 Main Street, SW
Rocky Mount, Virginia 24151
Todd Mitchell Davis
Monday, April 15, 2013
By KEN BRADLEY - Staff Writer
Charges of attempted rape and animate object penetration against a Rocky Mount Man were certified to a Franklin County grand jury during a preliminary hearing Thursday in General District Court.
After hearing evidence presented by Assistant Commonwealth's Attorney Robert Deatherage, Judge George Jones certified the charges against Todd Mitchell Davis, 42, to a grand jury.
The alleged victim, a 42-year-old woman from Bedford, was the only person Deatherage called to testify. She said she had been friends with Davis since 2007.
The alleged victim said she went to Davis' home on Rolling Hill Drive to spend the night in order to get a break from her father with whom she lived.
The incident happened about 4 a.m. on Jan. 10 at Davis' residence, she said. She was asleep in a bed in the living room, and Davis had gone to bed in a bedroom.
However, the alleged victim testified that Davis came out of his bedroom and into the living room, where he sexually assaulted her and attempted to rape her.
After the incident, the alleged victim said she left and called the police. She was taken to Carilion Franklin Memorial Hospital, where she was examined and photos were taken.
Deatherage presented the photos as evidence. The photos showed the alleged victim had a cut lip, black eye, bruise on her arm and other personal injuries.
Davis' attorney, Melissa Keen, questioned the alleged victim, asking her if she had ever had sex with Davis. The alleged victim said she had been intimate with the defendant one time in 2007.
Keen presented no evidence on behalf of Davis at the hearing.
A grand jury will hear the prosecution's evidence and decide if enough exists to warrant a trial on the charges.