Mitchell convicted of sex with girl, 13
Published 3:31 am Thursday, October 23, 2008
By Staff
CASSOPOLIS – A night of unfettered debauchery during the summer of 2007 could cost area resident David Mitchell up to 30 years in prison.
It took a Cass County jury less than 15 minutes Wednesday afternoon to convict the 26-year-old of criminal sexual conduct in the third degree involving a 13-year-old girl.
Cass County Prosecutor Victor Fitz said, "We are very pleased with the verdict. The defendant manipulated and preyed upon a junior high-aged girl."
Disturbing testimony at trial revealed that Mitchell, another male named Jernel Norman and a 19-year-old female brought the 13-year-old victim to a Dowagiac-area motel that evening.
Along the way, as well as while at the motel, the youth was plied with beer and rum.
The victim testified she was clearly intoxicated during the episode.
She advised that shortly after arrival at the motel Mitchell came on to her, kissing her and eventually forcing sexual intercourse upon her.
The 19-year-old also testified that the sexual incident between the defendant and the 13-year-old occurred.
She also indicated that while the defendant was on top of the 13-year-old, she was in the same room having sex with Norman.
The 19-year-old stated from the witness stand that everyone was drinking and that at one point they changed partners.
Chief Assistant Prosecutor Frank Machnick tried the case for the people.
Mitchell claimed at trial that the sexual event with the 13-year-old never happened and that his admissions were contrived by the Michigan State Police investigator.
Sentencing is scheduled for Nov. 21 before the trial judge, Michael Dodge.