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Altoona man takes stand in off-campus rape trial

By Rachel Foor-Musselman 3 min read
Brunner

HOLLIDAYSBURG -- A city man on trial for allegedly raping a woman near an off-campus party told a Blair County jury Wednesday afternoon that hearing the victim's claims was "very shocking."

Under questioning by his defense attorney, David Jeffrey Brunner, 25, said he did not observe "any force" during his encounter with the victim.

"I actually very explicitly offered her a ride home," Brunner said.

Brunner faces two felony counts of sexual assault and single felony counts of rape and involuntary deviate sexual intercourse in relation to the February 2024 incident. He was initially free on $50,000 bail unsecured, but his bail was revoked in March due to a separate, unrelated case.

On the stand, Brunner said he initially followed the victim outside after her argument with another individual at the party because his vehicle was parking her in. He said the victim was "definitely upset" about the fight, so he mentioned going on a car ride to "maybe get some food."

When "quite a few deer" ran in front of his vehicle, Brunner said they decided to pull over somewhere and hang out. Chief Public Defender Julia Burke asked Brunner about him and the victim moving to the back of the vehicle, to which Brunner said the victim had made a comment about there not being much room up front and it had been her idea to move to the back.

After engaging in sexual activity, Brunner admitted to trying to have sex with the victim but that he stopped when she said no.

"She told me she did not f**k on the first date but she would suck my d**k," Brunner said, before confirming that the victim never said she was afraid or uncomfortable.

On cross examination, First Assistant District Attorney Nichole Smith played several video clips of Brunner's first interview with police. When Smith asked Brunner if he only followed the victim outside to move his car, Brunner said yes but denied saying the victim was too intoxicated to drive.

Smith played two clips in which Brunner can be heard telling police the victim "was too drunk to drive" and he was "not letting her drive."

"I didn't mean to word it that way at the time," Brunner said.

Smith then addressed Brunner saying it had been the victim's idea to get in the back seat by playing another clip in which Brunner states "I asked if she wanted to crawl in the back seat ... and she said 'yeah I'm cool.'"

"I believe, in the statement, I said that but that's not what happened," Brunner said.

When Smith asked if Brunner had tried to have sex with the victim a second time, he said he only tried once. Smith played another video, in which Brunner can be heard telling police he "pressed up again and she said 'no, no, no.'"

Smith then asked if the victim had ever asked him to perform sexual acts on her or to keep going and Brunner said "she didn't tell me to stop either."

When Burke was able to question Brunner again, she asked if the victim had asked permission before touching him, to which he said no.

Following Brunner's testimony, the defense rested its case. The prosecution had rested its case earlier in the afternoon.

The jury is expected to hear the attorneys' closing arguments at 9 a.m. today before being given the case for deliberation.

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.

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