The trial of David Gengler of Lakeview, who faces charges stemming from the alleged beating, rape, torture and robbery of a female victim, has been continued until late June. The continuate will allow Judge Gordon Webb to make a ruling on a motion filed by Gengler’s defense attorneys to prohibit the Lakeview man’s ex-wife from testifying in his trial.The hearing on the motion was to be held during a Baxter County Circuit Court session Thursday, but Judge Webb announced he had not had time to go over all of the evidence related to the motion.
The argument centers on whether the ex-wife’s testimony would constitute an inadmissible type of “character evidence.”
Evidence of past crimes, wrongs or acts committed by a defendant is not admissible under Rule 404 (b) of the Arkansas Rules of Evidence as proof the person might be expected to repeat the bad behavior in the future.
There are, however, a number of exceptions to the rule allowing such evidence to be introduced during a trial, including as proof of motive.
In the motion, defense lawyers list a number of reasons the testimony of the ex-wife should be kept out of the trial. They call the allegation made by the woman “extreme” and the “product of a contested divorce” more than 15 years ago.
Gengler’s attorneys wrote the state had no reason for any evidence the ex-wife might provide to prove its case, and contend the testimony would inflame rather than inform the jury. The attorneys also argue the information would create “unfair prejudice against their client.
The 56-year old Gengler was formally charged with kidnaping and five counts of first-degree battery on June 1st, 2016. Later in the same month, the more serious charges of rape and aggravated robbery were filed. The latter charges were based on information developed during the investigation the victim had suffered what was described as severe sexual trauma while being held against her will.
It was also determined money was missing from several locations in the residence. Gengler was reported to have had a large sum of money in his wallet when he was initially booked into the county jail.
Gengler’s problems with the law in Baxter county began when sheriff’s deputies responded to a residence along Greenwood Avenue in Lakeview May 24th, 2016 and found a badly beaten female victim. Gengler and the then 57-year-old woman shared the residence, according to investigative records.
The victim was found lying on the floor by the front door of the residence.
Baxter County Sheriff John Montgomery said at the time the victim had marks on her wrists and appeared to have been bound for days. She also had numerous other injuries including what were thought to be cigarette burns.
Investigators reported finding blood splattered on the walls of the residence and a large amount of duct tape with hair stuck to it on the bathroom floor. A knife and bloody cigarette butt were also found and taken into evidence.
The victim was able to make a 911 call requesting assistance. According to an incident report from the Sheriff’s Office, the victim asked for an ambulance but was initially hesitant to say why one was needed. She would eventually tell the 911 dispatcher, “He will kill me.”
Gengler who was at the residence, told investigators the victim was bipolar and “falls all the time.” He has denied inflicting the injuries, holding the woman against her will or having forced sexual relations with her.
Deputies had been to the home in response to an earlier domestic disturbance call on May 19th, 2016. The victim told deputies on that occasion she and Gengler had been in a heated argument over his “drinking habits.” She said Gengler had shoved her during the argument. Gengler said the disagreement had arisen over the victim’s gambling, and he denied having any physical contact with her during the earlier disturbance.
During an interview with the victim at a Springfield hospital, following the second and more serious incident resulting in the current charges against Gengler, the victim told investigators she had been bound for two or three days. She said Gengler taped her in an upright position and punched, beat and kicked her. The victim said Gengler also choked her and burned her with cigarettes. According to the victim, her relationship with Gengler began when he moved into the residence in October 2015 to work as a handyman.
Gengler has undergone a psychological evaluation to determine if he is fit to proceed in his cases. Since the cases are moving forward, it can be assumed he was found fit.
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