WOODSTOCK – After five hours of deliberations, a jury weighing the case of a Wonder Lake man accused of molesting a young girl was unable to reach a unanimous decision, causing a McHenry County judge declared a mistrial.
The jury foreman, who declined to give his name, said the count was 10-2 to convict David D. Kimble of aggravated criminal sexual assault.
"We're disappointed that they didn't acquit him," Kimble's defense attorney, Liam Dixon, said outside the courtroom. "But we're happy there were people back there fighting for him and believing that the state failed to prove their case."
Prosecutors declined to comment, but said they will retry the case. The matter will be rescheduled for trial Dec. 4.
The jurors were sent to deliberate at 10:45 a.m. Thursday, and by 2 p.m. they sent a note to Judge Sharon Prather indicating they were deadlocked. The judge allowed the group to watch the girl's 2013 interview at the Child Advocacy Center and sent them back for further deliberations.
Kimble, 47, has denied allegations that he rubbed the vagina of a then-9-year-old girl. The incidents, prosecutors said, happened four times between August and November 2013 at his home.
"He rubbed her vagina for his own sick, sick sexual gratification when she was a 9-year-old little girl," Assistant State's Attorney John Gibbons said during his closing argument Thursday morning.
Kimble was indicted in 2013 on four counts of aggravated criminal sexual abuse, and faces probation or three to seven years in prison, if convicted.
His defense attorneys said the girl's story was expanding and changed between her interview with detectives at the Child Advocacy Center and her testimony this week.
In 2013, she first said Kimble touched her "bad part" five times over her clothes. From the witness stand Tuesday, she said the abuse happened 10 times and Kimble pushed her onto his bed, held her down and took her pants off.
"Kids don't make this up. They don't make up details like that," Gibbons said. "… That girl told you the truth, as painful as what it must have been for that little girl, she came in here and told you what happened."
Prosecutors also pointed to circumstantial evidence, namely children's toys and clothing found in his bedroom, gifts he bought for the girl, and pictures of the children in his house, where he lived alone.
Kimble was not related to the girl, but she referred to him as "Uncle Dave." Often he would baby-sit the girl and her siblings, and sometimes they would stay overnight. Kimble was the girl's father's boss. There were six children between the couple, and each were interviewed by detectives. There are no other charged crimes involving the other children.
Dixon said prosecutors were making Kimble out to be "the creepy guy."
"[The girl's parents] didn't think he was creepy, they brought [their children] over," he said. "The kids didn't think he was creepy, they asked to go over."
In a police interview, Kimble repeatedly denies the girl's allegation. Over the 3-1/2-hour interview, he said 136 times he didn't touch the girl, Dixon said.
"Sympathy is not why we're here," he said. "Proof beyond a reasonable doubt is why we're here."
Kimble, who has been out on bond since December 2013, did not testify.