A SUPERIOR Court of Guam jury yesterday found 22-year-old David James Overturf not guilty to charges of felony criminal sexual conduct, but guilty to misdemeanor child abuse.
Overturf was arrested in August 2009 after police received a report of a sexual assault on a 4-year-old girl. According to court documents, the incident occurred when the victim’s parents were off-island. Court documents indicate Overturf placed his private part in the victim’s mouth and peed in it while they were in the bathroom.
Overturf subsequently was indicted on charges of first degree criminal sexual conduct; second degree criminal sexual conduct; and child abuse. A jury yesterday found Overturf guilty of only the third charge.
Howard Trapp, defense attorney for Overturf, yesterday told the Variety he plans to file a motion to dismiss the misdemeanor charge, the only charge of which Overturf was found guilty, because it fails to charge a crime.
Overturf’s sentencing hearing is set for Aug. 9.
Marianas Variety Guam Edition – The Local and Regional Newspaper



