Lincolnville man charged with assault on officer's wife found not guilty

By Tanya Mitchell | Dec 02, 2013
Source: File image

Belfast — A judge found that a Lincolnville man who forced his way into a home and assaulted a police officer's wife lacked the mental capacity to commit the crimes and found him not guilty of the charges he faced in connection with the incident.

According to closed case records from proceedings at Waldo County Superior Court in Belfast, 51-year-old David Klim of Lincolnville was found not guilty of aggravated assault, burglary and aggravated criminal trespass following a bench trial before Justice Robert Murray earlier this month.

In an email to The Republican Journal, Waldo County Deputy District Attorney Eric Walker explained that Klim did not plead guilty by reason of insanity. Instead, Walker stated, Klim put forth a mental disease or defect defense that successfully convinced the judge that he did not have the mental capacity to fully understand the magnitude of his actions when he committed the crimes.

"He didn't contest the facts of what happened," stated Walker of Klim.

Klim drew the attention of law enforcement on the night of April 26, according to previously published reports, when he committed a series of crimes that Waldo County Chief Deputy Jeff Trafton described as "bizarre" at the time of the incident because there was no connection between Klim and the victims.

According to archives, police were alerted to Klim's presence at the home when the homeowners' 12-year-old daughter called 911 to report her mother was being assaulted by a man neither one of them recognized.

Police later learned Klim had recently moved from Pennsylvania, where he was on probation for reasons that are unclear to police, to a home down the road from the alleged victim. Trafton said Klim had his probation transferred to Maine when he moved here.

The girl told police she was upstairs in the home when she saw the man — later identified as Klim — walking up the driveway and approaching the front door. The girl called to her mother to lock the door, but the victim was unable to get to the door fast enough and Klim forced his way inside. Police then reported Klim choked, hit and screamed at the woman once he gained entry into the residence.

The woman suffered injuries as a result of the encounter, but she declined medical treatment on the night of the attack, according to previously published reports.

Klim left the home when he learned the police were en route to the scene but a nearby deputy located Klim a short while later and placed him under arrest.

When asked why he entered the woman's home, Klim reportedly told police he had a prescription for medical marijuana and that he believed he had smoked moldy marijuana prior to the incident.

Walker stated he was disappointed with the outcome of the case, and added that the victims were also "pretty upset by the verdict."

Comments (2)
Posted by: Rebekka L Freeman-Merrithew | Dec 02, 2013 16:21

Amen !! Dr Rebekka Freeman



Posted by: KERYN LAITE | Dec 02, 2013 12:29

So.......let me get this straight, he will get absolutely no punishment for what he did to this women? . This is absolutelty rediculous. One is led to believe by this outcome  that if someone is on medical marijuana and or maybe even presription drugs and things get kinda out of hand, its ok to lose control or make bad decisions because no one will be held accountable for their actions. You know something, no one but himself put that marijuana in his system, he is responsable for what he did, and should pay the consequences. Period.  We all should be ashamed at what we have allowed the judicial system become.



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