SALT LAKE CITY (ABC4 Utah) – An alleged victim wants to testify after all.
As a result, the Salt Lake district attorney re-filed aggravated sexual assault charges against a man who is already in prison for a similar crime.
David Swigart was charged once again after the 2017 case fell apart and charges were dismissed.
David Swigart: “As soon as she started crying and she mentioned her kid it kind of snapped me.”
But it was too late.
In 2010, David Swigart was sent to prison for aggravated sexual assault on a woman.
He met a woman on TRAX in Sandy and followed her as she left the train.
Swigart used force to attack the woman as explained at his 2014 parole hearing.
Hearing officer: “You grabbed her by the hair, you threw her to the ground causing her to hit her head. You undid her pants. The victim was screaming in Spanish asking for help. You told to shut up in Spanish, told her you were going to punch her in the face.”
David Swigart: “I did touch her inappropriately. I did put my hands on her neck and threaten her.”
His parole was denied and three years later Swigart faced more charges.
The state crime lab used DNA from a 2010 cold case. The DNA matched Swigart. The case was very similar to the first sexual attack.
In this case, he was accused of following a woman who got off the bus in South Salt Lake. Court documents claimed he forced her into a secluded area and sexually assaulted her.
But in 2017, the charges were dismissed.
“We were proceeding forward and in any of these types of cases, there’s also the trauma that goes with it,” Sim Gill, the Salt Lake district attorney said. “And our victim was not in the state.”
But this week, his office re-filed the case claiming the victim wants to go through with it.
“It’s important to us,” said Gill. “It’s important to the victim. It’s important to our sensibility of justice in this society.”
A woman who currently is going through an unrelated rape case understands the victim’s hesitation.
“I completely sympathize with her because this is something that took a lot, a lot of courage,” said the name whose identity will not be revealed. “And I completely understand why she felt uncomfortable.”
Swigart has a parole hearing next month for the first case involving sexual assault.
Any chance of being released may have been dashed with these latest charges.