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Grand jury examines Gilmore sexual abuse case |
Results of grand jury on Friday will determine if
additional charges are levied |
By
Gary Allen, Newberg Graphic news editor
E-mail Gary at
gallen@eaglenewspapers.com
|
A grand jury met Friday to examine the
case of David Gilmore, a former Newberg man and St. Paul resident
accused of sexually abusing his 9-year-old adopted daughter.
Gilmore, 40, was arraigned Jan. 24 in Marion County Circuit Court
and faces five counts of first-degree unlawful sexual penetration
with a foreign object. He was originally arrested by Marion County
Sheriff’s deputies Jan. 20 on five additional counts of first-degree
sexual abuse. Gilmore turned himself in days before his arrest and
has cooperated with authorities.
Darrin Tweedt, a Marion County deputy district attorney assigned to
the case, said oftentimes his office will charge a defendant on
whatever is necessary to hold him or her, then forward the case to a
grand jury for additional charges.
Although Gilmore turned himself over to authorities on Jan. 17, he
wasn’t arrested until three days later in Newberg. Tweedt explained
that despite the fact that someone has turned themself in, it
doesn’t mean they will be immediately arrested.
“If somebody walks in and says ‘I murdered someone two years ago’
... we can’t arrest him just on that statement,” Tweedt explained.
“We can’t charge somebody on a confession alone. ... We have to show
that a crime was committed.”
Although results of the grand jury’s proceedings were unavailable
as of press time Friday morning, Tweedt said Wednesday it’s possible
the grand jury will add sexual abuse to the charges Gilmore is
facing.
Both first-degree charges of unlawful sexual penetration, a Class A
felony, and sexual abuse, a Class B felony, are Measure 11 crimes.
As such, they carry mandatory minimum sentences: 100 months on each
charge of unlawful sexual penetration; 75 months on each charge of
sexual abuse.
After the grand jury has met, Tweedt said, Gilmore will face a
second arraignment Feb. 3 to hear any additional indictments.
Allegations against Gilmore, a part-time teacher at St. Paul
Elementary School and a nearly full-time teacher at C.S. Lewis
Academy, center on the alleged sexual abuse of his 9-year-old
daughter, one of three children adopted from Russian orphanages.
Gilmore and his wife, Karen, also have four biological children.
Both Tweedt and Deputy Kevin Rau of the Marion County Sheriff’s
Office said an ongoing investigation has not produced any indication
of additional victims in the case.
Rau explained that although no other charges have been levied
investigators will continue to interview all potential victims and
witnesses.
“If we think somebody might be a victim, we’re going to talk to
them,” he said.
Gilmore had close contact with young children through the schools
and churches he taught music at in St. Paul, Newberg and elsewhere.
The Newberg native and George Fox University graduate, an
accomplished pianist, resigned his posts at St. Paul Elementary and
C.S. Lewis Academy shortly before his arrest.
An administrator at the St. Paul school said because Gilmore was a
non-contract employee he was accompanied in class by another
teacher. Bruce Shull, St. Paul school superintendent, added that
there are no allegations of sexual abuse of St. Paul students at the
hands of Gilmore.
C.S. Lewis Academy administrator Wade Witherspoon said Gilmore’s
work at the private Christian school was always in classroom setting
with large groups of students.
“We have no reason to believe there were ever any similar acts
committed in our school,” Witherspoon said last week.
Gilmore’s attorney, Stephen Lipton of Salem, said Friday that
although he was appointed to represent Gilmore during his Jan. 24
arraignment, he has had no access to police records and therefore
was not be able to speak to the recent case. Typically, Lipton said,
police reports don’t become available to counsel until after an
indictment is returned.
When asked if his client might accept a plea agreement, given that
Gilmore turned himself into authorities, Lipton said in Marion
County it’s policy to recommend that judges accept a plea agreement.
Beyond that, Lipton couldn’t comment: “This is a really sensitive
case. ... I’m just reluctant to say anything at all.” |
|
From
Jan. 29, 2005,
Newberg Graphic
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