$1 million bail set for Omaha council candidate charged with sex assault of minor

Initial charges stem from 2014 incident with intellectually disabled victim, but investigators say the two met up again recently
Published: Sep. 17, 2020 at 1:36 PM CDT|Updated: Sep. 17, 2020 at 5:05 PM CDT
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OMAHA, Neb. (WOWT) - A judge set bond for David Mitchell, an Omaha City Council candidate accused of sexually assaulting a minor with an intellectual disability, at $1 million on Thursday.

In court, prosecutors said he and the victim — who was 14-15 years old at the time of the incident — had sex while both were living in the same home in 2014. Mitchell, her foster brother, was 21 years old at the time.

Omaha Police said in a Tuesday news release that an arrest warrant had been issued for Mitchell, who was out on bond for a robbery charge in 2019.

In June 2, Mitchell — one of the organizers of the 11-Worth Cafe protests earlier this summer — sounded off in the front of the City Council, upset about the investigation into Jake Gardner, a white bar owner who shot and killed James Scurlock during May protests in the Old Market.

Three months later, he was back in City Council chambers awaiting a grand jury decision on the Scurlock case — and law enforcement was waiting for him with an arrest warrant.

At the time, it was unclear why he was under arrest, but following his court appearance Thursday, 6 News has learned more details.

The charge is sexual assault of a minor from six years ago, when the victim was placed in a foster home from March to September 2014.

According to the prosecutor, investigators said the two began meeting up again recently to have sex in hotels in Bellevue.

Courts have often ruled those with an IQ of around 70 are not competent to understand right from wrong for trial purposes. The victim’s IQ ranges between 55 and 66, the prosecutor said Thursday.

Mitchell’s attorney argued against the bail amount, asking instead for $100,000/10% because Mitchell — a small business owner who is married with children and has longstanding ties to the community — is not a flight risk.

Prosecutors also noted that Mitchell has a pending burglary case. His court appearance for that charge is Oct. 21.

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