|Jurors deliberate for only 30 minutes after day long trial|
Todd Mitchell Davis
Wednesday, August 28, 2013
By K.A. WAGONER AND KEN BRADLEY - Staff Writers
A Rocky Mount man was found not guilty Monday by a jury in Franklin County Circuit Court of attempted rape and animate object penetration of a Bedford woman.
The jury deliberated about 30 minutes to find Todd Mitchell Davis, 42, not guilty of the charges. The jury's verdict came after a day long trial.
The alleged victim, a 42-year-old woman from Bedford, said she had been friends with Davis since 2007.
The alleged victim testified 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 alleged incident happened about 4 a.m. on Jan. 10 at Davis' residence, she said. She was asleep 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 of her injuries. Prosecutor Robert Deatherage presented the photos as evidence. The photos showed a cut on her lip, a scrape on one of her legs and internal personal injuries.
A forensic nurse from Carilion Franklin Memorial Hospital testified that she examined the alleged victim and took photos of her 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 or two times in 2007.
Investigator Sandra Ingram, an investigator of sex crimes with the sheriff's office, testified that she interviewed Davis at the sheriff's office. Ingram said Davis told her he had sex two times and also oral sex with the alleged victim that night. He said a female called and the alleged victim got mad and he told her to leave.
The defense put a number of witnesses on the stand, including Davis.
Davis testified that he and the alleged victim had an on-and-off sexual relationship over several years. On the night of Jan. 10, he said they had "regular" sex and oral sex for a couple of hours.
Davis said the alleged victim became angry with him when he told her she could not stay with him indefinitely after the fight she had with her father. After the initial argument with the alleged victim, Davis received a telephone call from another woman, he said.
"She went ballistic," Davis said of the alleged victim. "She jumped out of bed and slipped on the slick floor and crashed into an end table. She hit her leg on the sharp corner. That's what put the scratch on her leg."
Davis testified that he told the alleged victim she had to leave when she "smacked all the stuff off the table." But, he said, she refused, so he grabbed her bag and flung it out the door.
When she still refused to leave, Davis said he threatened to call the police and have her removed.
"She did not crawl out of the house," Davis said. "I did not hit her.... I did not want her to stay."
Under cross examination, Davis said the sex was consensual and described it as "feverish." But he said he did not know what caused the alleged victim's internal injuries.
Deatherage said Tuesday he was "surprised and disappointed" at the jury's decision. "I believe the forensic evidence was very strong in the case."
Keen said, "My client and I are very pleased with the outcome. I think the jury was very attentive to the evidence presented."