Oscar Steven McDowell

WARSAW — The 12-member jury and an alternate has been seated in the two-day jury trial against Oscar Steven McDowell. McDowell is accused of rape, sexual battery, criminal confinement and failure to appear. The actual trial will begin at 1:30 p.m. today, Tuesday, Aug. 23, and continue Wednesday.

McDowell was charged following the Aug. 10, 2014, rape of a female at Wyndham Gardens parking lot in Warsaw. He was arrested Oct. 17, 2014.

The jury will consist of seven men and five women, with the alternate juror being a female.

The prosecution and defense spent close to 2 1/2 hours questioning potential jurors, dismissing 18 women and three men for various reasons. Prospective jurors were questioned about a number of issues, including: about their ability to make unbiased decisions, if they felt comfortable judging someone, could emotions be set aside, if facts or emotions would play a part in making any decisions.

Some jurors were dismissed due to responsibilities that could not be taken care of during the two-day trial, health issues, knowledge of any of the parties involved.

According to information at the time of McDowell’s arrest, the victim was in the Warsaw area to attend a rap concert at a local nightclub. After the concert, she went to her car in the hotel’s parking lot and noticed several items had been stolen. She was in the back seat of her vehicle when three males approached and surrounded the vehicle.

The males allegedly forced themselves on the victim, sexually assaulting and choking her, for approximately 30 minutes. A witness heard the victim in the car screaming and telling her assailants “no” and attempted to help. One of the males allegedly placed a gun to her ribs and told her to “shut up and watch.” There was also reportedly a crowd of people, further from the vehicle, laughing and observing the assault.

The victim and McDowell are expected to take the stand during the trial, along with six other witnesses.