Guilty verdict reached in indecent assault
A Fayette County jury rendered a guilty verdict Thursday against a man facing retrial for the indecent assault of a person under the age of 13, which occurred in 2007.
David Dewayne Walters, 34, testified in his own defense, refuting the girl’s claim that while she and her sister were spending the weekend with him, he woke her from sleeping one night and made her touch him inappropriately.
In closing arguments, Walter’s attorney, Wendy O’Brien, reminded the jury, “There’s no eyewitness, no physical evidence. It’s your job to determine which testimony to believe.”
Assistant District Attorney Linda Cordaro, in her closing arguments, told the jury, “You saw genuine emotion from (the victim) because she was talking about an incident that was very traumatic to her.”
Cordaro asked the jury to consider what stake the victim had in the outcome of the case. “Why would a 16-year-old come in and testify about the most embarrassing incident of her life?”
She noted that the defense argued that Walters had a dispute with members of the girl’s family, and that the allegations were retaliatory.
“She could have conjured up a real doozy,” Cordaro said, adding that the girl’s story was consistent and believable.
“If you believe her, you have to convict (Walters),” Cordaro said.
Walters was tried for the same offense in 2012, but jurors could not come to a unanimous verdict and a judge declared a mistrial.
The jury deliberated for over an hour this time before reaching a decision in this case. Senior Judge Gerald R. Solomon revoked Walters’ bond and sent him to prison to await sentencing, which will take place Thursday at 8:30 a.m.