By JOEL PHELPS | arkadelphian.com
An Amity man accused of sexually assaulting a stepdaughter nearly two decades ago walked out of a Clark County courtroom a free man.
It took a jury of 8 women and 4 men about half an hour Wednesday to return a not guilty verdict for David McMahan.
McMahan, 63, stood charged of second-degree sexual assault and faced 5-20 years in prison. For a day and a half jurors heard emotionally-fueled testimony from relatives and the purported victim, now 25.
The alleged incident took place in 2006, when the girl was 7 years old, but went unreported until 2020 when she consoled in her boyfriend who encouraged her to report what had happened.
Testimony from the accuser indicated that McMahan had, on two occasions in a single night, inappropriately touched her pubic area and that he instructed her to touch him. McMahan shook his head upon hearing testimony of the allegations. The purported victim sobbed as she testified that, until she had the courage to report the alleged incident, she had feared retaliation and disbelief among relatives and friends. She has since been public with her story on social media.
McMahan’s defense counsel, Kevin Lemley Law Partners, of Central Arkansas, poked holes in what it called an “incomplete” investigation by the Clark County Sheriff’s Office, arguing that the investigation failed to gather more facts and corroborating statements regarding the alleged conduct. Further, defense made arguments throughout the trial that the accuser may have “misremembered” the alleged incident and made the accusations out of spite for her rocky relationship with McMahan.
The state, led by deputy Prosecutor Gina White, relied heavily on an expert witness who testified that it is common for victims of sexual abuse — particularly children — to delay reporting for a multitude of reasons. The state also presented evidence, through testimony from the accuser, that painted McMahan as a physically and emotionally abusive drunk.
McMahan’s other children, both biological and step-related, described him as a loving disciplinarian. Now all adults, none testified that McMahan had ever sexually abused them.
McMahan, a father of four daughters and three stepchildren, took the stand mid-Wednesday morning. “I never touched her inappropriately,” he said. “I would never do anything like that.” Now reportedly sober for 2 1/2 years, McMahan maintained that the allegations against him were a “complete lie” because the accuser “never liked me.”
In closing arguments, the state called on jurors to rely on circumstantial evidence and testimony from the expert witness. The defense pleaded with jurors to rely on logic and to consider that no others came forward with allegations of sexual misconduct.
Following the verdict, McMahan wiped away tears as he hugged his attorneys and relatives, later saying he was ready to rebuild his life. Attorney Kevin Lemley told The Arkadelphian that the defense felt “very confident” with their arguments. “We think the jury followed the law,” Lemley said. “There were a lot of emotions, but if you’re following the reasonable doubt standard, [a not guilty verdict] was really the only logical conclusion.”
White said sexual abuse cases “are always hard and emotional” and thanked the jury for its role in the process. “Jury trials are vital to our justice system, and we respect the decision of the Clark County jurors,” she said. “We appreciate them and the time they took out of their daily life to serve on the jury.”
Despite Wednesday’s verdict, White added that, “win or lose we will continue to investigate and pursue sex abuse cases in Clark County.”
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