A Conway man accused of inappropriately touching a child in February pleaded not guilty to a second-degree sexual assault charge earlier this week.
Trevion Hervey, 22, appeared in Falkner County Circuit Court on Monday before Circuit Judge Charles "Ed" Clawson Jr. and pleaded not guilty to the allegations against him.
Defense attorney Danny Rasmussen stood alongside Hervey for arraignment purposes Monday morning as Otto Fry was ultimately assigned to assist Hervey throughout the criminal proceedings against him.
The sexual assault case stems from a February 12 incident in which Hervey is accused of sliding his hands into a child's pants, according to a probable cause affidavit.
Online records indicate Hervey was at a friend's house and that his friend was gathering items from about his residence before leaving with his two children to pick up his girlfriend from work. As the child's father was gathering items, he told police he took a moment to check on Hervey and his children when reportedly caught Hervey with his hand in his daughter's pants.
According to his statement, the man was preparing the couple's children for the trip pick up his girlfriend around 5 p.m. Feb. 12 and "was retrieving diapers from a closet to pack when he decided to check on Hervey and his other two daughters who were in the living room area of the residence."
"[A]s he rounded the corner, he observed Trevion with his hands inside [one of his daughters'] pants ... [and] slapped Trevion across the face and asked him what he was doing," the affidavit reads in part. "[T]revion apologized and stated he wouldn't do it again and that he just has a 'reaction to girls."
The child's father immediately told Hervey to leave the couple's apartment.
As he spoke with authorities regarding the incident, the child's father "stated he believed that Hervey may have also assaulted his other daughter."
According to the affidavit, authorities spoke with the young girl, who said "Trevion touched her bottom and that she did not like it."
The suspect's mother told authorities in April Hervey "has the mental capacity of a child," noting he "is low functioning due to being struck by an 18-wheeler several years ago." As the suspect's mother spoke with police, she told officers she "did not want her son to speak to law enforcement because he would not understand the circumstances" of the allegations.
Twentieth Judicial District prosecutors ultimately filed charges against the 22-year-old on Aug. 28.
Hervey is scheduled to appear next at 9 a.m. Nov. 15 in Faulkner County Circuit Court for a pretrial hearing regarding the aforementioned case.