STATE V. DAVID VICTORICK
A Montgomery County jury found David Victorick guilty of Online Solicitation of a Minor on Wednesday, a second degree felony. Following the guilt innocence phase the jury assessed punishment on Thursday in the amount of 5 years in the Texas Department of Corrections Institutional Division. The trial took place in the 435th District Court with Judge Michael Seiler presiding.
During the trial, evidence was presented which showed that Victorick solicited a minor for sex on June 2nd, 2013 via text message. The text messages sent on June 2nd were sexually graphic and propositioned the victim to participate in oral sex. A 911 call showed that the victim notified authorities in July of 2013 that the defendant was making inappropriate sexual advances. Montgomery County Constables Precinct 3 began an investigation which revealed several months-worth of text messages between the defendant and victim. Dr. Lawrence Thompson, Jr., Ph.D., Director of Therapy and Psychological Services at The Harris County Children’s Assessment Center testified for the State during the guilt/innocence phase. Dr. Thompson explained how the messages leading up to those sent on June 2nd were consistent with the type of communication often seen in child abuse cases, where the abuser attempts to gain the victim’s trust, also known as grooming.
Questioning by the defense during trial indicated an attempt to paint a picture of Victorick being extremely intoxicated when the offense took place. In the punishment phase, the defendant took the stand on his own behalf. Victorick testified that he did not have a sexual interest in the victim. On cross examination however, Victorick admitted that he had bad thoughts that he needed to get down on paper, when confronted with Notes found on his cell phone that were sexual in nature.
During the punishment phase, prosecutors asked the jury to consider the safety of the victim and to assess prison time. Defense attorney Butch Bradt asked the jury to recommend community supervision. Victorick was eligible for probation up to 20 years in prison and up to a $10,000 fine. Victorick is a former high school teacher and coach in the Woodlands area.