Sex charges dropped against dead man

The Delaware County District Attorney’s Office withdrew rape and related charges this week against a Columbia County man who died in police custody in March.

Common Pleas Court Judge G. Michael Green signed an order granting an application of nolle prosequi Tuesday for 43-yearold David Eugene DeWald II of Bloomsburg.

DeWald died at Lackawanna County Prison March 24. The cause of death was attributed to “cardiac dysrhythmia secondary to physically struggling in hyperexcitable state” and the manner of death was listed as “accidental.”

DeWald was arrested May 11, 2016, after driving 140 miles from his Bloomburg apartment to meet a 14-year-old girl he had previously assaulted, according to an affidavit of probable cause for his arrest.

The girl told authorities she began speaking with DeWald through an instant messaging application called KIK and DeWald allegedly coerced her into meeting him April 29, 2016, his 40th birthday.

DeWald exposed himself in the vehicle and forced the teen to perform sex acts, which continued at his apartment, according to prosecutors. Authorities believe he may have had control over the girl for up to nine hours while her parents thought she was with a friend.

After dropping the teen back in Delaware County, DeWald allegedly threatened the girl not to say anything. She continued to speak with DeWald through a free-calling application, but told authorities she was in fear for her safety. When he ordered her to meet him after school May 11, she informed school authorities who contacted law enforcement.

Detective Kenneth Bellis, a member of the Internet Crimes Against Children Task Force, recorded a telephone conversation between the teen and DeWald that day, in which the defendant acknowledged their age difference and his fear of being caught by police, according to the affidavit.

DeWald became angry when the teen asked him during that conversation what they were going to do and “told the victim that she knew what she was going to do,” the affidavit states. He was taken into custody after arriving at a pre-arranged meeting place in Delaware County.

Media psychologist Dr. Marc Gramatges was initially unable to determine whether DeWald was competent to stand trial, but found he was competent after listening to recordings of phone calls the defendant made from the county prison, according to an April 2017 court hearing.

DeWald had been charged in Delaware County with rape, involuntary deviate sexual intercourse involving a person less than 16 years of age, statutory sexual assault, unlawful contact with a minor, kidnapping of a minor, sexual assault, aggravated indecent assault, corruption of minors and indecent assault involving a person less than 16 years of age.

He was also charged for child pornography offenses under federal indictment in the U.S. District Court for the Middle District of Pennsylvania after investigators found sexually explicit messages to other young victims on his cell phone.

The federal case went to trial last year and DeWald was convicted Nov. 8 on all five counts against him. He was facing 15 years to life in prison in that case, but died before he could be sentenced. Those charges were likewise dismissed in May.