A court trial held in the Hillsboro Municipal Court on Thursday ended in a guilty verdict for a Lynchburg man charged with minor misdemeanor disorderly conduct.
David Cluxton, 54, was charged last month, court records showed. He waived his opening statement on Thursday, as did Prosecutor Fred Beery.
The only witness called during the trial was the victim. During her testimony, she identified Cluxton as a relative who had made unwelcome contact with her and then took photos of her on his cell phone.
Beery asked her if she had any relationship with Cluxton. She answered that she had “none.” When asked if it was unusual for Cluxton to touch her, she said that it was.
Cluxton then questioned the witness. He asked, “We’ve never hugged as (relatives)?”
“No,” she said.
When asked if Cluxton had made physical contact with her, the victim said that he had. Cluxton then asked, “You thought I was taking pictures?”
“I caught you taking the pictures,” she said.
Hillsboro Municipal Court Acting Judge Jeffrey Lyle then questioned the victim. He asked her to clarify the type of relationship she had with Cluxton.
She said that other relatives had “(taken) him in” and that “he’s just there.”
The judge then asked if other similar incidents have happened in the past. She said that they have and that she has told Cluxton that the contact is unwanted.
Cluxton did not provide testimony. “I really don’t want to say no more … It’s a family thing that has been going on for years … I’m sorry it had to come to court,” he said.
In his closing statement, Cluxton added that he and the alleged victim have “never gotten along.”
Beery waived his closing statement.
Lyle then said, “In this case, the testimony has been undisputed” that the contact happened after having previously indicated to Cluxton that it was “physically offensive.”
The judge added that Cluxton has not denied that action nor that it was physically offensive. He was found guilty of minor misdemeanor disorderly conduct.
Before sentencing, Lyle asked if the victim wanted to say anything. She told the court that she wanted the no contact order to remain. The judge followed that request. Cluxton was fined $150.
Reach Sarah Allen at 937-393-3456, ext. 1680, or on Twitter @SarahAllenHTG.