Elkhart man accused of raping unconscious girl

David Poe-Maxson

ELKHART — An Elkhart man is accused of rape in a June incident at a party that was caught on video.

David Poe-Maxson, 19, is charged with two counts of rape when the victim is unaware of the defendant’s actions. The Level 3 felony carries a punishment of up to 16 years in prison.

He was arrested on a warrant Wednesday with bond set at $75,000. The warrant was issued Oct. 16 following an investigation by the Elkhart County Sheriff’s Office.

His bond was initially set at $25,000 but the Elkhart County Prosecutor’s Office petitioned the court for a higher amount.

Poe-Maxson’s initial hearing was set for Thursday in front of a court magistrate.

According to court documents:

A detective with the sheriff’s office spoke with a 17-year-old girl at Elkhart General Hospital on June 29. She said she got drunk at a party in Elkhart the night before, to the point where she was vomiting and “just so out of it.”

She said she lay down on a couch, and the next thing she knew, a man later identified as Poe-Maxson was on top of her. She said she was too out of it to do anything as Poe-Maxson took off her pants.

She said she told him to stop at one point and screamed. She also vomited during the encounter.

The victim said she thought someone took out a cellphone and recorded the incident.

The detective went to the house where the party was said to have happened and spoke with the mother of the partygoer suspected of recording the rape. The mother told the detective, “I have video and everything,” and identified the man in the recording as Poe-Maxson.

A girl could be heard crying in the video and trying to raise her head and ask, “What’s happening?” as a man is having sex with her.

The girl who took the recording said she saw the start of the incident and left the room, but returned when she heard the victim screaming and crying. She said it sounded like the victim was scared, and that the girl told her she didn’t know what was happening.

The detective got a photo of Poe-Maxson from BMV records and confirmed that he was the man seen in the recording. He got a search warrant to take a sample of Poe-Maxson’s DNA, which the Indiana State Police lab determined matched samples taken from the victim at the hospital.

(7) comments


Says a whole lot about the "Parent" who allows this behavior to go on in her home....

I bet this was the 1st time anything like this ever went on....


I agree with all involved should be charged. Who was the adult in the room that would allow that attack to proceed, not step in rather turn her back, let it be recorded...no responsible adult in that group of misfits!!


I would hope the girl taking the video and the mother that kept quiet about it would do prison time also , how dare someone stand and video this and not react , what a good friend😡


The biggest problem with a rape charge is having something more reliable than eye witness testimony. The prosecutor in for this case will have everything needed: a victim, a perp, eye witnesses, DNA, and an actual video of the assault, which is how they were able to pinpoint the perp. From the looks of it, the absolute best his lawyer can do is negotiate a reduced sentence, but a lot will depend on the prosecutor.

The mother, however, could be charged with allowing underage drinking in the home: first minors that are not her own children, and even the perp, who, at 19, is still underage.

Revolution 1776

"Big brother surveilance" is good for something afterall

Tim Stewart

What stands out, to me anyhow, is that someone would stand by recording said incident, and not intervene. Also, the homeowner, who had evidence of the crime, didn't come forward, and "clammed up" until questioned by authorities. Disturbing, to be sure.


Charge them all with the harshest charges possible. They are scum and belong behind bars away from the public for as long as possible.

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