News and Tribune

February 6, 2014

Man arrested after claims of abuse in New Albany

Baby-sitter, girl claim girl’s relative performed sex act


NEW ALBANY — A New Albany man has been charged for allegedly performing a sex act in front of a 4-year-old relative.

David K. Lemmon, 52, West Sixth Street, was booked into the Floyd County Jail Tuesday, nearly three months after the alleged abuse of the girl occurred. He has been charged in Floyd County Superior Court No. 3 with class D felony vicarious sexual gratification.

According to court documents, Lemmon knowingly or intentionally touched or fondled himself in the presence of the child.

The New Albany Police Department filed a probable-cause affidavit Jan. 10 claiming that Lemmon committed the act in November. According to the affidavit, the child’s parents contacted NAPD on Dec. 4 concerning Lemmon and the alleged sexual activity. The parents reported that they had been notified by their daughter’s baby sitter of the possible abuse.

The baby sitter had reported that the child had told her of the act.

The child’s father confronted Lemmon about the allegations days before Thanksgiving. According to the affidavit, Lemmon told the child’s father that the girl had “ ... caught him masturbating.”

Lemmon explained to the father that the incident led to the child making the allegations.

After police began its investigation, the child made similar claims of abuse to a forensic interviewer that she had previously made to the baby sitter.  

After the forensic interview, police contacted the child’s mother, who said that Lemmon had baby-sat the child several times a week, off and on, since she was born and that he only baby-sat the child at the family’s residence.

On Dec. 20, Lemmon did not appear for a scheduled interview with an NAPD detective, but called to say that he had contacted an attorney and would not be providing a statement that day.

On Jan. 13, a warrant was issued for Lemmon’s arrest on the belief he had committed the offense of vicarious sexual gratification. Lemmon was arrested Tuesday and appeared in Floyd County Superior Court No. 3 on Wednesday for an initial hearing, where a not guilty plea was entered. Lemmon remained in the Floyd County Jail Thursday morning under a $20,000 court-cash bond.

A pretrial conference has been scheduled March 5.