Man sentenced in underage sex act case

View larger image David Mitchell

Mt. Jackson resident accused of abusing female relative will spend more than 10 years in prison

By Sally Voth -- svoth@nvdaily.com

WOODSTOCK -- A Mt. Jackson man who admitted sexually abusing a female relative will spend 101⁄2 years in prison.

David Keith Mitchell, 31, of 398 Mockingbird Lane, Mt. Jackson, was sentenced in Shenandoah County Circuit Court on Dec. 7, according to court records.

He entered into a plea agreement in October, pleading guilty to an amended charge of sexually abusing a child age 13-17 who was under his supervision. The original charge was incest.

The agreement called for the dismissal of a charge of aggravated sexual battery of the same girl. Sentencing was left to the court.

Judge Dennis L. Hupp sentenced Mitchell to five years in prison on the sex charge and revoked 51⁄2 years of probation from earlier convictions.

Some of Mitchell's past crimes include drug possession, contributing to the delinquency of a minor and grand larceny, according to court records.

Mitchell was arrested on two counts of incest in December 2010, about six months after he'd gotten out of jail for other crimes.

According to a report compiled by probation officer Pattie Hottle, Mitchell was incarcerated until June 25 for violating his probation.

He was placed on first-offender status for possession of Dilaudid in 2007, and later that year violated his probation on that offense and had new charges of grand larceny brought against him for stealing three vehicles, it states.

Mitchell was released from custody again in April 2008, but was found in violation of probation after being convicted of new charges of larceny and assault in Rockingham County in December 2009. He served six months -- until June 25 -- of his previously suspended sentence, the report states.

Mitchell was seen engaging in inappropriate behavior with the 14-year-old girl on Dec. 1, 2010, at Sally's Beauty Supply in Woodstock, according to a criminal complaint from Woodstock police.

A witness told police she saw Mitchell kiss the child on the lips, put his hand inside her pants and tell her he wanted to get drunk with her.

"[In] regards to touching [the girl] he saw nothing inappropriate about his behavior," the complaint states.

The girl told a nurse that she'd had sex with Mitchell in the past, according to the complaint.

A search warrant affidavit says that the victim complained of stomach cramps at Shenandoah Memorial Hospital on Dec. 2, 2010, and required pain medication. She said Mitchell had assaulted her at least twice.