WARSAW — The first four witnesses testified on Tuesday, Sept. 24, in the jury trial of a North Webster man accused of sexual misconduct with a 14-year-old girl.
David Edward Killian, 70, is facing three charges of sexual misconduct with a minor. The incidents allegedly occurred between March and August of 2017 and the girl has since given birth to a child.
During opening statements, Deputy Prosecuting Attorney Brad Voelz explained the alleged incidents that led to Killian being charged with sexual misconduct. According to Voelz, Killian would yell at the victim and call her names if she rejected him.
“Today, you’re going to be hearing about these horrifying, tragic, sad encounters [the victim] has had with Mr. Killian,” said Voelz. “At the age of 14, she was forced to carry the responsibility of having a child. She loves her daughter very much.”
Defense Attorney Adam Turner told the jury that the case is serious for all parties involved, including Killian.
“Regardless of how you might feel after hearing the state’s opening statements, hold off and maintain presumption of innocence of my client,” said Turner. “It’s the state’s obligation to presume guilt.”
The state’s first witness was the victim, who is now 16.
The girl testified that her daughter will be two years old in January. She said she lived with Killian at the time of the incidents.
In August 2017, she spoke with officers with North Webster Police Department and a caseworker with the Department of Child Services regarding the sexual misconduct.
“There were times when he touched me inappropriately or asked me to do inappropriate things to him,” she said. “He would say things like ‘Come on, please,’ and if I said no, he would call me names and throw things at me.”
She said there were two incidents in which Killian engaged in sexual intercourse with her. On another occasion, he exposed himself in front of her.
A picture of the girl‘s daughter was presented as evidence to the jury.
During the cross-examination, Turner asked the girl about the time differences between the alleged incidents and how many times the sexual encounters occurred. He also asked if anyone aside from Killian was present during any of the incidents. She said when the incidents occurred, it was just her and Killian at the residence.
The second witness was North Webster Police Department Officer David May, who told the jury he received a report regarding sexual misconduct on Aug. 10, 2017. The following day, May interviewed Killian about the alleged incidents. In the interview, May said Killian admitted to calling the girl names and that he was alone with her on several occasions, but did not admit to committing any sexual acts with her.
“In December 2017, we learned that [the victim] was pregnant and decided to wait until the baby was born before performing DNA tests,” said May.
Oral swabs containing DNA test samples from Killian, the girl and her baby were all submitted as evidence to the court. All samples were sent to an Indiana State Police lab for testing.
During cross-examination, Turner asked about the time differences between when the oral tests were administered, as well as if anyone related to the victim was tested. May said Killian was the only person aside from A.A. and the baby that was administered a DNA test.
Stacy Bozinovski, a DNA analyst with the Indiana State Police, also testified and explained the lab’s procedure for DNA analysis and how each test is completed.
“Our tests showed there is a 99.9999 percent probability that David Killian is the father of the child,” said Bozinovski.
The jury also heard from North Webster Police Sergeant Candace Smythe, who said she received a complaint regarding the incidents from the victim’s father.
“During my interview with [the victim], she was very upset and tearful,” said Smythe. “She told me that the encounters happened several times.”
The trial will continue and is scheduled to conclude on Wednesday, Sept. 25.