David case apparently a tough one for jurors

By SCOTT NORTH

Herald Writer

It was an "extremely tough case."

That’s what Snohomish County Prosecuting Attorney Jim Krider said Monday at the conclusion of the assault trial of Victor David, the Marysville man charged with abusing his wife in secret for years on a filthy sailboat.

He was talking about the difficulty prosecutors faced in bringing charges against David, 60.

But it is beginning to look like a tough case for jurors, too.

Jurors on Wednesday engaged in a second full day of deliberations without announcing a verdict. Judge Thomas Wynne instructed them to return to the courthouse today to start day 3.

"The old saying is that the longer the jury is out, the better that is for the defense," said David’s attorney, Bryan Hershman of Tacoma. But he said he’s had cases where deliberations lasted days and his clients still were found guilty.

Hershman said the time being taken by the David jury tells him that jurors are either being meticulous in going over the evidence in the nearly monthlong trial or they have begun voting and have failed to reach a unanimous verdict.

"Whether it is good for the defense or not, I don’t know," Hershman said.

Jim Townsend, the county’s chief criminal deputy prosecutor, declined to talk about the length of deliberations or what they might mean.

"It would be inappropriate at this point," he said.

There will be a mistrial if jurors can’t reach a unanimous verdict. At that point, prosecutors would have to decide whether to retry the case, drop the charges or cut a deal.

Prosecutors alleged that Victor David hid his wife, Linda David, 52, away on the boat they shared with up to seven German shepherds, a couple of cats, and at one point even a wild goose. They charged that he spent years beating her.

Jurors heard from doctors who said the trauma had left Linda David brain-damaged, nearly blind, with scars covering her face and her limbs contorted by untreated fractures.

Linda David was found in that condition in January 1997, when a state social worker checked on her welfare. She was emaciated, covered in filth and barely able to move, jurors were told.

But jurors also have been told that much of that information cannot be considered as part of their verdict on the assault charge.

Because of pretrial rulings regarding the statute of limitations, jurors may only consider evidence of potential assaults that may have occurred between September 1993 and January 1997.

Any evidence about injuries older than 1993 or information about the lack of cleanliness on David’s boat aren’t directly related to the assault case, jurors were instructed.

A broken bone in Linda David’s left forearm and hemorrhages in her eyes were the only injuries prosecutors were able to show as occurring during the charging period.

Most of the doctors who testified in the case said they believe Linda David was the victim of intentional trauma, but they also conceded her broken arm and the eye hemorrhages could have been caused by accidents or illness.

Hershman argued that Linda David’s injuries were caused by accidental falls on the sailboat. But in his closing arguments, he repeatedly reminded jurors that his client didn’t have to prove anything.

Prosecutors did not call a single witness who saw Victor David so much as slap his wife, Hershman said during closing arguments.

Linda David testified that Victor David had hit her and pushed her down, but she didn’t say when that happened. She also had previously denied being assaulted.

Prosecutors argued that Victor David was the only person who had access to his wife between 1993 and 1997. They called witnesses who said the woman was not covered with scars prior to her final four years with her husband.

Linda David now lives at a Lynnwood nursing home.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

magniX employees and staff have moved into the company's new 40,000 square foot office on Seaway Boulevard on Monday, Jan. 18, 2020 in Everett, Washington. magniX consolidated all of its Australia and Redmond operations under one roof to be home to the global headquarters, engineering, manufacturing and testing of its electric propulsion systems.  (Andy Bronson / The Herald)
Harbour Air plans to buy 50 electric motors from Everett company magniX

One of the largest seaplane airlines in the world plans to retrofit its fleet with the Everett-built electric propulsion system.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Driver arrested in fatal crash on Highway 522 in Maltby

The driver reportedly rear-ended Jeffrey Nissen as he slowed down for traffic. Nissen, 28, was ejected and died at the scene.

Logo for news use featuring the municipality of Mountlake Terrace in Snohomish County, Washington. 220118
3 charged with armed home invasion in Mountlake Terrace

Elan Lockett, Rodney Smith and Tyler Taylor were accused of holding a family at gunpoint and stealing their valuables in January.

PAWS Veterinarian Bethany Groves in the new surgery room at the newest PAWS location on Saturday, April 20, 2024 in Snohomish, Washington. (Olivia Vanni / The Herald)
New Snohomish hospital makes ‘massive difference’ for wild animals

Lynnwood’s Progressive Animal Welfare Society will soon move animals to its state of the art, 25-acre facility.

Traffic builds up at the intersection of 152nd St NE and 51st Ave S on Tuesday, April 16, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Here’s your chance to weigh in on how Marysville will look in 20 years

Marysville is updating its comprehensive plan and wants the public to weigh in on road project priorities.

Mountlake Terrace Mayor Kyko Matsumoto-Wright on Wednesday, April 10, 2024 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
With light rail coming soon, Mountlake Terrace’s moment is nearly here

The anticipated arrival of the northern Link expansion is another sign of a rapidly changing city.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
1 dead in motorcycle crash on Highway 522 in Maltby

Authorities didn’t have any immediate details about the crash that fully blocked the highway Friday afternoon.

Photographs in the 2024 Annual Black and White Photography Contest on display at the Schack Art Center on Thursday, April 18, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Black and white photos aren’t old school for teens at Schack Art Center

The photography contest, in its 29th year, had over 170 entries. See it at the Schack in Everett through May 5.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mom charged with first-degree murder in death of son, 4

On Friday, prosecutors charged Janet Garcia, 27, three weeks after Ariel Garcia went missing from an Everett apartment.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.