By JOEL PHELPS | arkadelphian.com

An Amity man accused of sexually abusing his stepdaughter nearly two decades ago walked out of a Clark County courtroom a free man.

A jury of eight women and four men took about half an hour to acquit David McMahan on Wednesday.

McMahan, 63, was charged with second-degree sexual assault and faced 5 to 20 years in prison. For a day and a half, jurors listened to emotionally charged testimony from relatives and the alleged victim, now 25.

The alleged incident occurred in 2006, when the girl was seven years old, but was not reported until 2020, when she sought comfort from her boyfriend, who encouraged her to report the incident.

The accuser’s testimony indicated that McMahan touched her inappropriately in her private area twice in one night and instructed her to touch him. McMahan shook his head as he heard testimony about the allegations. The alleged victim sobbed as she testified that until she mustered the courage to report the alleged incident, she feared retaliation and disbelief from relatives and friends. She has since shared her story on social media.

McMahan’s defense attorney, Kevin Lemley Law Partners of Central Arkansas, criticized the Clark County Sheriff’s Office’s “incomplete” investigation, arguing that the investigation failed to gather additional facts and corroborating statements about the alleged conduct. In addition, the defense argued throughout the trial that the plaintiff may have “misremembered the alleged incident” and made the allegations out of spite for her difficult relationship with McMahan.

The State, led by Assistant District Attorney 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 variety of reasons. The State also presented evidence through the prosecutor’s testimony that portrayed McMahan as a physically and emotionally abusive alcoholic.

McMahan’s other children, both biological and stepchildren, described him as a loving disciplinarian. They are all now adults, but none of them testified that McMahan ever sexually abused them.

McMahan, father of four daughters and three stepchildren, testified Wednesday morning. “I never touched them inappropriately,” he said. “I would never do something like that.” McMahan, who has now been sober for two and a half years, insisted the allegations against him were a “complete lie” because the accuser “never liked me.”

In closing arguments, the state asked the jury to rely on circumstantial evidence and expert testimony. The defense asked the jury to rely on logic and to consider that no other people had come forward with allegations of sexual misconduct.

After the verdict, McMahan wiped tears from his eyes as he hugged his lawyers and relatives. He later said he was ready to rebuild his life. Attorney Kevin Lemley said The Arkadelphian that the defense was “very confident” in its arguments. “We believe the jury followed the law,” Lemley said. “There were a lot of emotions involved, but if you follow the principle of reasonable doubt, (an acquittal) was really the only logical conclusion.”

White said sexual abuse cases are “always tough and emotional” and thanked the jury for their role in the proceedings. “Jury trials are vital to our legal system and we respect the decision of the Clark County jury,” she said. “We appreciate them and the time they took from their daily lives to serve as jurors.”

Despite Wednesday’s ruling, White added, “Whether we win or lose, we will continue to investigate and prosecute sexual abuse cases in Clark County.”

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