JACKSONVILLE, Fla. — The man accused of kidnapping and sexually assaulting Jacksonville teen Leslie McCray nearly 41 years ago was found guilty on all counts Thursday.
A bench trial -- which means no jury and the verdict is decided by the judge -- was held Wednesday and Thursday for David Nelson Austin.
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He was found guilty of murder, two counts of armed kidnapping, and sexual battery.
McCray was abducted and murdered on Christmas Eve in 1985.
In 1986, the case was suspended after evidence was collected. The case went cold, but in 2019, McCray’s family pushed JSO’s Cold Case Unit to reexamine the evidence.
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In 2021, Austin was charged with McCray’s murder. At the time, he was already serving two life sentences for sexual conduct in Michigan.
Prosecutors say DNA evidence linked Austin to McCray’s murder.
At trial, the court heard audio of a JSO cold case detective interviewing Austin before his arrest. In the recording, Austin told detectives his wife had heard about McCray’s murder.
Testimony from Leslie McCray’s roommate
McCray’s roommate testified Wednesday in Austin’s trial. After the verdict, the surviving victim issued the following statement:
“I am thankful to the attorneys and detectives who never gave up in the pursuit of justice for Leslie. For more than 40 years Leslie’s family and I have all lived with a mystery and now finally have closure and justice. I am grateful for the evidence that led to this guilty verdict and that the killer will finally be held accountable for this terrible crime.”
During opening statements, the state argued DNA ties Austin to the case, while the defense said the only link is that Austin used to live in the same apartment as McCray before she did.
“Time may erode memories and witnesses may die but the defendant left behind evidence that can endure both — his own DNA,” Prosecutor Lauren Marie Anderson said.
“Mr. Austin was the resident that lived in the apartment prior to this incident taking place. That is the only piece in this whole case that will show that Mr. Austin could possibly be a suspect in this case,” Defense attorney Joshua Andrew Beard said.
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The judge asked that McCray’s roommate’s face not be shown on the air. The roommate said he was sleeping next to McCray when he woke up to someone standing above them.
“I felt terrorized and scared, and shaky,” he said.
On Dec. 24, 1985, McCray and her roommate were tied up before she was taken from her apartment on St. Johns Avenue.
McCray’s body was found on the side of the road not far from I-295 on Jacksonville’s Westside. She had stab wounds to her neck.
“I was instructed to lay on my stomach and put my hands behind my back and they were bound tightly, and then my feet were also bounded tightly,” the roommate testified.
During cross-examination, the defense asked the roommate to clarify his relationship with McCray. He testified they had been intimate but were not dating.
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