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Sexual Assault Trial Begins in Ohio County

After a long morning of jury selection Wednesday, the trial of a Wheeling man accused of sexually assaulting a teenage girl during a sleepover began with emotional testimony from the alleged victim.

Richard William Zimmerman, 37, of Wheeling, is charged with one count of first-degree sexual assault and one count of second degree sexual assault. The alleged victim, who was 17 at the time, said Zimmerman, her friend’s father, touched her inappropriately and performed a sex act on her without her consent during the February 2015 sleepover.

During Wednesday’s proceedings, Zimmerman was all smiles, greeting and winking at people who were in attendance in support of the alleged victim.

Opening statements revealed that although prosecutors are arguing the girl was assaulted, the defense will argue the acts were consensual because other girls attending the sleepover did not wake up or realize they were occurring.

Upon taking the stand, the alleged victim testified she, Zimmerman’s daughter and two other minors were at the South Wheeling home after a Wheeling Park High School basketball game. She said Zimmerman put his hand over her mouth and said he “couldn’t get enough” while he was touching her, even when she asked him to stop multiple times.

The girl testified after the alleged assault, Zimmerman contacted her via social media and text messages. Although evidence of the text messages could not be recovered from the alleged victim’s broken cellphone, she testified Zimmerman asked her why she wouldn’t come back to his home and asked her to send him inappropriate photos.

Other witnesses, including the other girls who attended the sleepover that night, testified the girls were very tired and at least one of them is a heavy sleeper in explaining why the alleged assault didn’t disturb them. Two witnesses described how visibly shaken and unlike herself the alleged victim was after the reported assault.

More emotional testimony came from another girl at the sleepover who was awakened by the alleged victim for transportation away from the home.

The prosecution is expected to wrap up its case today with the defense getting its turn to call witnesses. If convicted, Zimmerman faces 15-50 years in prison.

Sgt. Matthew Adams of the West Virginia State Police Crimes Against Children Unit first became involved with the case after the alleged victim confided in her father nearly a year later. As of earlier this summer, Adams reported police were investigating the possibility of additional victims.

Police arrested in February and he was arrested again in July due to a bond violation.

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