Northwest Arkansas Democrat-Gazette

Sherwood man acquitted of rape

- JOHN LYNCH

A 46-year-old Sherwood man accused of raping a woman with a 3-foot-long snow brush was cleared of wrongdoing on Friday by a Pulaski County jury.

David Ronald Kinder had testified that the woman used the tool on herself during their consensual sexual encounter.

Jurors deliberate­d about 40 minutes before acquitting the father of three of rape after a two-day trial before special Circuit Judge Hugh Finkelstei­n. The Class Y felony charge carries a potential life sentence.

Defense attorneys Annie Depper and Blake Hendrix told jurors that the woman had lied to police and to them about what had happened, all to keep from being exposed as a thief who had been stealing money from Kinder’s children, somewhere around $20,000 over the past 10 years.

Kinder was just about to find out what she had been doing, Depper told jurors. Kinder believed she’d stopped after he warned her what would happen if he caught her at it again, the attorneys said.

By accusing him of rape, the woman hoped to keep her reputation and win a significan­t financial settlement before he could expose her, the lawyers said.

“She knew she was caught,” Depper said in her closing argument. “She knew she had everything to lose. But with this rape allegation, she tips the balance.”

The accuser’s DNA on the handle of the brush contradict­ed the woman’s claim that her hands had never touched the tool, Depper said. The woman also did not have the kind of injuries that would be expected if she’d been violently violated with the bristles, used for removing snow and ice from cars, the attorney told jurors.

In closing arguments, prosecutor­s Jayme Butts-Hall and Michelle Quillen told jurors that Kinder’s lawyers were trying to distract them from what he had done.

“She was not safe in that house with David Kinder,” Butts-Hall said.

He bullied her into submitting to him and violated her with the brush to show his control over her, the prosecutor­s said.

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