by Hunter Dawkins, Owner/Publisher – editor@thegazebogazette.com or hdawkins@supertalk.fm
GULFPORT (GG) — On Wednesday, September 23, David Patrick Burkart, of Biloxi, Mississippi was convicted of 2 counts of sexual battery of a child and touching of a child for lustful purposes after a jury trial at the Harrison County Courthouse in Gulfport. Circuit Court Judge Randi P. Mueller presided over the trial and sentenced the Defendant to a total of two life consecutive sentences plus fifteen years, all to be served in the custody of the Mississippi Department of Corrections. Due to the nature of the convictions, the Defendant will not be eligible for parole or early release.
During the three-day trial, the jury heard that Burkart and the victim, who was 13 years old at the time, met earlier that day on an internet site, and had agreed to meet at the victim’s residence, which was about a block from the Harrison County Courthouse in Gulfport. The victim testified that, although he listed his age as 19 on the internet site, he told the Defendant he was 13 when the Burkart pulled his vehicle to the rear of the victim’s residence.
The victim testified he then entered the backseat area of the Defendant’s vehicle where sexual acts took place.
“Video from a nearby business was played for the jury, which showed the Defendant pull into the rear of the victim’s residence, the Defendant and the victim speak, the victim then enter the backseat of the vehicle, and then the Defendant enter the backseat of the vehicle. They remained in the backseat of the vehicle for almost 15 minutes,” said Assistant District Attorney Matthew D. Burrell, who prosecuted the case along with Assistant DA Jason Josef.
The video showed the victim’s grandmother come outside looking for the victim. The grandmother testified that when she walked outside, she was able to see inside the car and observed a sexual act taking place. The grandmother immediately began trying to open the car. However, the doors were locked.
After several attempts, the Defendant opened the doors and both exited the vehicle. The grandmother confronted the Defendant, who stated he thought the victim was 19-20 years old. Not knowing who was in the backseat of the car with her grandson, the grandmother pulled out a phone and began taking photos of the Defendant’s car and the Defendant himself. One of the photos shown to the jury showed the Defendant with his pants unzipped.
The grandmother contacted the Gulfport Police Department who then responded to the scene and began their investigation.
Based upon the information the grandmother obtained, police were able to determine the identity of the Defendant. Police also located the Defendant’s car, which was processed by crime scene technicians.
“Samples collected from the backseat of the car were sent to the Mississippi Forensic Laboratory, which found the victim’s seminal fluid on a sample taken from the backseat,” said ADA Burrell.
During the trial, the Defendant testified in his own defense and told the jury he thought the victim was 19 years old and that he did not perform any sexual acts on the victim. The jury deliberated approximately 10 hours before returning their verdicts.
In their verdicts, the jury found the Defendant not guilty of one count of sexual battery, guilty on two counts of sexual battery, and guilty on one count of touching of a child for lustful purposes. Judge Mueller sentenced the Defendant to life in the custody of the Mississippi Department of Correction on each of the sexual battery convictions, and fifteen years to serve on the touching of a child for lustful purposes conviction, and that all sentences run consecutive to each other for a total of two life sentences plus fifteen years to serve.
“What is most disturbing about this case is that this defendant preyed on a child. That alone is reprehensible, and the consecutive life sentences ensure that he will never have the opportunity to prey on another child. But this case is also a reminder of how easily predators can use social media and the internet to reach our children. As parents, we can put up fences, lock our doors, and do everything we can to keep our children safe at home, but that is no longer enough. We have to be vigilant about what our children are doing online, who they are communicating with, and what platforms they are using. We will continue to aggressively prosecute those who prey on children, but keeping our children safe requires all of us to stay informed, involved, and vigilant,” said District Attorney W. Crosby Parker.
