Man breaks leg when trying to flee house

August 24, 2000

Man breaks leg when trying to flee house

By DON AINES / Staff Writer, Chambersburg

CHAMBERSBURG, Pa. - A man who fondled a woman while she slept with her boyfriend, broke his leg Thursday when he fell trying to flee the house, the Pennsylvania State Police alleged.

David Benson Parks, 29, of 16 Warwick Court, Chambersburg, Pa., was charged with aggravated indecent assault, indecent assault, burglary and criminal trespass, police said.

The incident occurred at 1:50 a.m. at the Kensington Heights development.

A clerk at District Justice Gary L. Carter's office said Parks' bail was set at $100,000. Parks was admitted Thursday to Chambersburg Hospital and was listed in satisfactory condition Thursday evening, a hospital nursing supervisor said.

According to the affidavit of probable cause, the 21-year-old woman was asleep in bed with her boyfriend in a basement bedroom that opened onto a backyard patio through a sliding door.

She told police she felt a hand rubbing her thigh, but thought it was her boyfriend.

When she felt the hand grope further, the affidavit said she "began moving around to get him to stop," the affidavit said. When that failed, "The victim sat up and saw a hand reaching up from the floor beside the bed," it said.

The affidavit said the intruder ran out of the house, but "tripped over something on the patio and broke his right leg in two places."

The woman's boyfriend told police he awoke when he heard the patio door open. He told police he ran outside and found a man "lying on the concrete patio screaming that he had broken his leg," the affidavit said.

The boyfriend's father told police he had just returned home and was having a cigarette when he heard the commotion. The affidavit said the father looked out the window and saw the man lying on the patio.

Carter scheduled a preliminary hearing for Monday, Aug. 28, at 1 p.m.

Burglary is a first-degree felony and aggravated indecent assault is a second-degree felony, according to the Pennsylvania Crimes Code. Burglary has a maximum penalty of 20 years in prison and aggravated indecent assault has a maximum penalty of 10 years in prison.

Criminal trespass is a third-degree felony with a seven-year maximum sentence and indecent assault is a second-degree misdemeanor with a maximum sentence of two years in prison.

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