Jury convicts on DNA evidence

GOSHEN – A Chester man, who was arrested after a police investigation linked him to DNA evidence near a crime scene, was convicted by an Orange County Court jury Wednesday of a number of charges including attempted rape in the first degree.

David Small, 29, had broken into a woman’s home in the Whispering Hills area of Chester in May 2005, and tried to sexually attack her.

An extensive police investigation led to the arrest of Small, who was convicted by the jury based on the DNA evidence, said District Attorney Frank Phillips.

“At the time of the incident back in 2005, the police secured some evidence that was later submitted to the laboratory for DNA and it was not evidence of the rape, but actually a soda can found outside the residence, after some pretty extensive police work that after two years culminated in the arrest of Mr. Small,” he said.

Small was found guilty of first-degree attempted rape, second-degree burglary and unlawful imprisonment in the second degree.
When sentenced next month, Small faces 15 years in prison on the burglary and attempted rape convictions, both to run concurrently.
Assistant DA Michael Milza prosecuted the case.