Attorney General Peter F. Kilmartin announced that on Monday David Lee Waters, 43, with a last known address of 57 Jackson Flat Road, Scituate, was found guilty by Superior Court Justice Allen P. Rubine after a jury waived trial of assault on a person over 60 years of age. The defendant remains out on $10,000 personal recognizance bail pending sentencing which is scheduled for June 22, 2105.
During the course of the trial, the State proved that on the evening of October 26, 2013, Warwick Police responded to a call at the intersection of Bald Hill Road and Tollgate Road. Upon arrival, officers met with the 70 year old victim, Donald Gibson.
Mr. Gibson was working that evening as a bus driver for a private tour bus company. As Mr. Gibson turned his bus on Tollgate Road, he witnessed the defendant assaulting a woman on the side of the road. Mr. Gibson stopped the bus and beeped the horn in an attempt to get the defendant to stop. When the defendant did not respond, Mr. Gibson parked and exited the bus and verbally told the defendant to stop.
The defendant did not respond again and continued to assault the woman. Mr. Gibson approached the defendant and physically pulled him off the woman. The defendant and Mr. Gibson both fell to the ground. The defendant then got up and struck Mr. Gibson once in the face with a closed fist. Mr. Gibson suffered a nasal fracture and two black eyes. The defendant fled the scene prior to officer's arrival.
The female involved in the incident did not suffer any injuries and declined to press charges. An arrest warrant was issued for the defendant who was apprehended on December 19, 2013.
"Mr. Gibson put himself in harm's way to help a complete stranger in need when many people would have looked the other way in the same situation. His actions were brave and I hope encourage others to do what they can to help others in need," said Attorney General Kilmartin.
Special Assistant Attorney General Timothy Healy prosecuted the case on behalf of the Office of Attorney General.