A Yuba County Superior Court judge acquitted a Linda man of rape during a court trial on Tuesday, according to Deputy District Attorney Ashley Tuft.

David Pompey had been headed for a jury trial on a charge of rape, but after both sides waived their right to a jury trial a court trial took place on Tuesday. The charge stemmed from Pompey allegedly raping the alleged victim during a date in Pompey’s apartment in February 2020.

The victim reported telling Pompey “no” and attempted to push him off.

During the preliminary hearing, Pompey’s attorney Richard Thomas argued that Pompey heard the no and reacted by trying to make the victim more comfortable.

After a hearing on Monday, Judge Julia Scrogin asked both sides if they’d be willing to have the case move forward via court trial instead of in front of a jury and both sides agreed, according to Tuft.

The district attorney’s office presented its case on Tuesday, which included the alleged victim’s testimony, the pretext phone call, and Pompey’s interview with law enforcement.

Scrogin ruled that the prosecution had not met the burden of proof of proving the charge beyond a reasonable doubt and Pompey was acquitted, Tuft said.

Pompey had been out of custody since posting bail in March 2020.

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