9/19/2012 5:10 PM
by Lauren Haviland
A McDowell County man is back in court in Wednesday on charges he sexually assaulted a 73-year-old birdwatcher in Central Park.
The indictment naming David Albert Mitchell was announced in court Wednesday without the defendant there. Mitchell's former defense attorney, and now McDowell County's Prosecuting Attorney, says with the former Jenkinjones resident background, it could affect him if he's convicted.
"Prosecutors may be able to use some of his prior criminal misconduct to use that against him to try and build their case and certainly if he would be convicted that certainly would affect that sentencing stage. I mean if the judge looks at the person who's being convicted and has multiple prior cases going back 20 some years that's certainly going to have an adverse affect," said McDowell Prosecuting Attorney, Sid Bell.
The 42-year-old has been in jail since his arrest last week on rape and other charges.