A former Mena dentist lost his appeal of a 52-year sentence in the kidnapping and beating of a patient whom he had coerced into sexual favors.
David Van Winkle, 52, argued that his Polk County court trial erred because there was insufficient evidence to convict him.
The Arkansas Court of Appeals upheld the lower court judge's directed verdict that found Van Winkle guilty of kidnapping, first degree stalking, third degree battery and aggravated burglary. The dentist was arrested in September 2011 after a woman ran into her neighbor's home, her hands bound, claiming that her dentist was trying to kill her.
According to court records, the woman first met Van Winkle when she went to his office for dental care. He told the woman, a recovering drug addict, that her teeth should be pulled and replaced with dentures.
The process was costly, court records noted, but after pulling the first tooth, he offered her the chance to clean and do other tasks around the office to help pay for the procedures.
Van Winkle prescribed her an opioid for the pain, despite the woman's reservations about taking drugs.
After the second pulling, the victim told Van Winkle her pain had increased, and he suggested they "double up" her regimen of pain pills.
She told him that might not work because her probation officer, appointed by her drug court judge, was keeping a count on her pill intake. The dentist agreed to work around her probation officer and get her more pills.
The victim went to Van Winkle's house to clean, and while talking, he asked her what would happen if her probation officer found out about the other drugs she was taking.
She told him she'd likely go to prison, which is when Van Winkle asked her how important it was for him to keep things secret.
Van Winkle then said he "just wanted a couple hours of [her] time," court records said, and told her that if she refused, she'd go back to prison and never see her husband or son again.
He then "pushed her onto the couch, ripped her shirt off, and forced her to perform" a sexual act.
A week later, they arranged for another pain prescription.
The night before their next meeting, the woman was talking on the phone with her husband on her way home from work.
Once inside, she noticed something was amiss, but before she could say anything, Van Winkle "tackled" her, and her husband could only hear her cry out through the phone before the call ended. He called the police.
Van Winkle was armed, according to court records, and the pair struggled, even after he zip-tied her wrists and forced her over an ottoman.
He put a piece of duct tape over her mouth and told her they were "going to take a little walk," but the woman was able to break free from his grip and run to the neighbors, her hands still bound.
On the kidnapping charge, Van Winkle's attorney argued that there was no evidence to support the conviction, but the court disagreed.
The court also rejected Van Winkle's contention that he did not exhibit a "course of conduct" of harassment prior to the night of his arrest.
By blackmailing her, the court reasoned, he was harassing her.
The court upheld Van Winkle's domestic battery charge; the jury had determined that the dentist had hit his victim in the head with a screwdriver shortly before her escape. Van Winkle's aggravated burglary conviction was also upheld.
Van Winkle is serving a 52-year sentence at the state prison in Wrightsville.
Metro on 10/30/2014