Linda man headed to trial for rape

A Linda man will have a jury trial after a Yuba County Superior Court judge ruled there was enough evidence to hold him to answer for the charge of rape.

At a preliminary hearing Friday, David Daniel Pompey, 54, appeared alongside his attorney Richard Thomas. Pompey has been out of custody since posting bail in March. He was arrested in February.

Pompey’s alleged victim and Yuba County Sheriff ’s Detective Shane Bronson testified during the hearing.

The alleged rape took place at Pompey’s apartment in Linda during a date. The victim told Pompey “no” on two occasions during the alleged incident and also attempted to push him off. During questioning, Pompey said he heard the victim say no but said he thought she was uncomfortable with the position.

Thomas argued that Pompey heard the no and reacted by trying to make the victim more comfortable. He also said the victim’s statements about being nervous about the date did not tell the whole story about the encounter. Thomas said the two were much more intimate before they had sex and referred to the victim’s journal, which gave an account of events that differed from what she testified in court.

Yuba County Deputy District Attorney Andrew Naylor told the court there were no issues with the victim’s credibility and that what Pompey interpreted the victim’s actions to mean was not that of a reasonable person.

Judge Kathleen O’connor ruled on Naylor’s side.

“It is clear to the court that this woman was overpowered,” O’connor said when delivering her ruling. Pompey will next appear in court on Sept. 21 at 9 a.m. for an arraignment on the information. He remains out of custody.