EVERETT – Prosecutors said today they will try again to convict a man accused of abusing his wife for years while the state paid him to be her caretaker.
Jurors were unable to reach a decision last week at Victor David’s first trial on a charge of second-degree assault.
Snohomish County Prosecuting Attorney James H. Krider decided on a second trial after consulting with deputy prosecutors.
“Based on those conversations, Mr. Krider feels there is a reasonable likelihood of a more positive result,” said a news release from his office.
David’s attorney, Bryan Hershman of Tacoma, did not immediately respond to a call for comment.
Prosecutors allege David subjected his wife, Linda David, to beatings that left her blind and brain-damaged. At the same time, he was collecting $500 a month from the state as her caregiver.
Several jurors said last week the evidence did not convince them David was responsible for his wife’s injuries. Some cited ambiguous testimony from Linda David herself.
“Yes, he did hit me, but I didn’t want to admit it to myself,” she told the court. “I loved him and I cared about him.”
He was convicted of being an alien in possession of a firearm. David is Canadian. Sentencing is scheduled Dec. 11.
In July, the state agreed to pay $8.8 million to Mrs. David to resolve claims that the state had failed to protect her. The money will ensure she can afford the care she will need for the rest of her life.
The case drew national attention and prompted big changes in the way state social workers oversee “vulnerable” adults.
Linda David started receiving disability payments in 1984 for what was believed to be multiple sclerosis. Her lawyer has challenged that diagnosis, saying her problems stemmed from longterm abuse that could have been prevented had social workers acted upon warning signs.
She was found in 1997 on a 30-foot sailboat moored near Everett. She was jammed into the bow and covered with dog vomit and feces from the seven German shepherds that also lived aboard.
Doctors said she was brain-damaged to the point of immobility and had numerous untreated fractures of her arms, legs and fingers. Her face remains disfigured by scar tissue and she uses a wheelchair.
Linda David now lives in a Snohomish County nursing home.
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