The Solano County District Attorney’s Office will not retry the misdemeanor sex assault and battery allegations against a former Vacaville dentist, The Reporter has learned.
Deputy District Attorney Mary Nguyen, after consulting with all of the victims in the case, believed it was “in the best interest for all concerned to not retry the case,” according to a statement issued by the DA’s Office.
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The decision came Monday, when Nguyen and the attorney for David Evans Webb, appeared in Department 6 of Solano County Superior Court in Fairfield. Webb, 47 and a resident of Pocatello, Idaho, was not present for the scheduled setting of a new jury trial in Judge Kelly J. Trujillo’s courtroom.
A jury last month found Webb not guilty on two misdemeanor battery counts, but hung on five others, and the judge declared a mistrial.
He faced allegations in connection to multiple accusations of sexual assault and battery in Solano County.
Through the course of several days of deliberations in the case, jurors on Feb. 13 first found Webb not guilty of sexual battery, willfully and and unlawfully touching the intimate part of a woman, a misdemeanor. On Feb. 26, the jury found him not guilty of misdemeanor battery, of willfully and unlawfully using force against a woman.
(The women were identified in court documents, a public record, only by their first name and the initial of their last name or by two initials for their first and last names. Also, The Reporter typically does not fully identify victims in sexual assault allegation cases.)
In the end, jurors deadlocked on the other counts, more allegations of misdemeanor sexual battery or misdemeanor battery.
When the jury rendered its final decisions on Feb. 26, well-known Vallejo criminal defense attorney Daniel J. Russo, substituting for Thomas M. Maas, represented Webb, who was in the courtroom.
The DA’s Office filed the criminal case against Webb on Dec. 3, 2021, according to court records.
However, the records show Webb still faces allegations in at least a half-dozen other civil cases, all featuring Jane Does as plaintiffs.
In one case, Webb — whose practice, Northern California Facial and Oral Surgery, closed several years ago as accusations began to surface — faces a case management conference at 9 a.m. April 16 in Department 7 of Solano County Superior Court, Judge Tim Kam’s courtroom in the Old Solano Courthouse, 580 Texas St., in Fairfield. Attorney Charles M. Ray represents the plaintiffs. Benicia-based attorney Randal M. Barnum represents Webb.
In another case, which includes several other defendants, including dental corporations and a capital management firm, Webb faced a motion hearing in Department 7. He faces a case management conference on April 16, and another motion hearing on May 30. San Francisco-based attorney Mary E. Alexander represents the plaintiffs. Barnum represents Webb, and five other attorneys represent other named defendants.
Alexander has yet to return a request for comment about the case, but court records show that her filing — accusations laid out in well more than 50 pages — cites allegations of sexual battery against dozens of Jane Does.
An online search of the California Dental Board’s disciplinary actions showed that the suspension of Webb’s licenses to practice dentistry and facial cosmetic surgery at his Alamo Drive office in Vacaville began April 7, 2023.
The Board’s records also showed that Webb also voluntarily surrendered at the same time his license to practice dentistry in Pocatello, Idaho.
