A Greene County man has been convicted of both assaulting and stalking a Daily Progress employee, but he will face no jail time for his crimes.
Judge Andrew Sneathern, who divides his time between the general district courts of Charlottesville and Greene, sentenced David Andrew O’Neill, 41, to 12 months behind bars on each conviction but suspended the entire term, leaving O’Neill a free man less than an hour after the verdict.
That outcome alarmed the victim, whose name The Daily Progress is withholding out of serious concern for an employee’s safety.
The woman and her children now live under a permanent protective order against O’Neill, whom the judge banned from the town of Stanardsville, barred from approaching the family within 300 feet and forbade from stepping onto the premises of any Greene County public school.
The prosecution was led by Commonwealth’s Attorney Win Consolvo, who called the victim to recount an array of intrusions: peering through the victim’s windows, sitting on her porch, singing outside her house, circling her on a bicycle and attempting to kiss her inside a church.
There also was an allegation of a low-speed pursuit on a tractor. During a pause outside the courtroom, O’Neill spoke so loudly to his lawyer that the judge dispatched a bailiff to quiet him.
”It was a weird trial, even by Greene standards,” the victim remarked afterward.
O’Neill, wearing civilian clothes this time rather than the white robe he donned at a prior hearing, offered some explanation for his conduct. He testified that because the victim’s ex-husband had spoken with him, he believed that granted him permission to linger on the woman’s property, including her porch, driveway, and deck. He also told the court that women want to be kissed in church.
Charlottesville attorney Chris Graham, representing O’Neill, sought to portray his client as a man with autism who needs treatment rather than punishment. At one point, Graham asked the victim whether she knew where O’Neill had been living during their early encounters. She said she had no idea. Graham later posed the same question to his client.
”I lived with the Lord,” O’Neill replied.
Both the stalking and the assault charges brought fully suspended 12-month sentences, so O’Neill, who had been both jailed and institutionalized prior to trial, now appears free. A woman has agreed to take him into her house, located just a few miles from the victim.
The case drew attention in part because of O’Neill’s history of erratic behavior before and after his March arrest.
Released on bail in April, he allegedly violated conditions of release and was rearrested in June. At one point, he was sent to Western State Hospital in Staunton for mental health treatment.
”He’s got a mental disability, and it’s very difficult to find a place in our society for people with mental disabilities,” Graham told the Daily Progress. “And that’s why he got in trouble; he was bored.”
Virginia law does allow for deferred dispositions for defendants shown be suffering from autism or intellectual disabilities, a route that can result in dismissal if treatment is completed. Graham had raised that possibility in earlier hearings, but the judge’s verdict on Wednesday ended the case instead with the convictions.
Hawes Spencer (434) 960-9343
hspencer@dailyprogress.com
@HawesSpencer on X
Sign up for our Crime & Courts newsletter
Get the latest in local public safety news with this weekly email.
* I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.
Hawes Spencer
Crime & Courts Reporter
Get email notifications on {{subject}} daily!
Your notification has been saved.
There was a problem saving your notification.
{{description}}
Email notifications are only sent once a day, and only if there are new matching items.
Followed notifications
Please log in to use this feature
Log In
Don’t have an account? Sign Up Today