Two charges added, one dismissed for one defendant in rape case

One of two men accused of a November 2014 rape in a Haskell Indian Nations University dorm room was charged Wednesday with two additional counts in connection with the incident and another count was dismissed following a decision by Douglas County District Judge Paula Martin.

The 20-year-old former Haskell football player was originally charged with three counts of rape by force or fear and one count of sodomy. But after hearing the alleged victim’s testimony at a preliminary hearing in March, Assistant Douglas County District Attorney Catherine Decena sought to charge him with two additional counts: aiding and abetting attempted aggravated criminal sodomy and aiding and abetting attempted rape.

The new charges have to do with the man allegedly assisting his 19-year-old co-defendant, charged with two counts of rape and one count of sodomy, to commit his own alleged sexual crimes with the same victim during the man’s encounter.

Angela Keck, attorney for the 20-year-old, asked the judge to consolidate that man’s rape charges into one because each instance allegedly occurred over one 40-minute time period.

“It was a continuous course of conduct and should not be charged as separate crimes,” Keck said.

Decena said the actions justifying the charges were separate occurrences because the acts were separated by “fresh impulses” and “intervening events.”

Martin agreed with Decena, allowing her to add the additional aiding and abetting charges.

Martin also agreed with Keck Wednesday, when Keck argued that one of the rape charges of her client and the sodomy charge were multiplicitous, or redundant. Martin said that the acts that justified those charges were committed within one continuous course of action and therefore should be combined.

Following the hearing, the 20-year-old man is now charged with three counts of rape by force or fear, one count of aiding and abetting attempted aggravated criminal sodomy and one count of aiding and abetting attempted rape.

The men were released from the Douglas County Jail in November after posting $75,000 bonds. They have returned to their homes in Oklahoma after being expelled from Haskell last semester in light of the allegations.

The 19-year-old is scheduled to make his next court appearance May 21, when he will be arraigned and enter a plea. The 20-year-old is scheduled to do the same on May 28.