WARSAW — Prosecution continued its case this afternoon, Wednesday, Aug. 24, against Oscar S. McDowell in Kosciusko Circuit Court. McDowell was charged with rape, sexual battery, criminal confinement and failure to appear, stemming from an alleged rape Aug. 9/10, 2014, in the parking lot at Wyndham Gardens, Warsaw.
Three witnesses took the stand — Warsaw Police Detective Jeff Technor, Joyce Moss, forensic nurse at Fort Wayne Sexual Assault Treatment Center and Allisha Gonzalez, whose child’s father is McDowell’s stepbrother.
Technor continued his testimony on the trial after a recorded telephone conversation, allegedly between McDowell and Warsaw Police Detective Paul Heaton and Brad Kellar, was admitted into evidence.
In the recorded call, McDowell advised he was on his way to Warsaw to speak with detectives and give his side of the story. Technor advised McDowell never showed up that day, instead McDowell was arrested in Illinois on a warrant a week later.
The 911 calls from the night of the alleged rape were then submitted into evidence. The first call, made at 4:34 a.m., was from a man at Wyndham Gardens Hotel. During the call, he advised a woman was just raped in either hotel room 413 or 415 and that the suspect left in a green Jeep Liberty.
The second call, made at 4:38 a.m., was from a woman who identified herself as the victim’s mother. The woman asks why there is no officer on the scene yet and requests an ambulance for the victim.
During cross-examination, defense attorney Scott Lennox asked Technor why the alleged theft involved with the incident was never investigated further. Technor advised he did not investigate the theft further because his main focus as detective was the rape allegation.
Lennox then questioned Technor about Donald Street, member of another rap group present during the night of the alleged rape. Technor advised that the victim originally had identified Street as the rapist through a photo during the initial investigation. According to Technor, the victim retracted her statement minutes later, saying Street was not the man who raped her.
Joyce Moss, forensic nurse at Fort Wayne Sexual Assault Treatment Center, was the next witness to take the stand after a short recess. Moss identified herself as the nurse who completed the sexual assault examination on the witness. Moss continued to give a testimony, based on her written report, about the examination.
The victim told Moss the alleged rape was done by three men and occurred while she was looking in the backseat of her vehicle. Moss reported the victim complained of vaginal, neck and shoulder pain following the incident. Moss documented abrasions to her neck, abrasions to her right arm, abrasions to both legs, a tender area near her hairline, redness at the back of her throat and redness in the vaginal area.
Moss stated to the court that the injuries she documented were consistent with the victim’s story.
After documenting the injuries, Moss collected evidence from the victim’s body and clothing.
During the cross-examination, Lennox asked Moss if the injuries could be consistent with rough sex or even normal sex. Moss agreed that it could be possible.
After Moss’s testimony, the state agreed that count 4, the failure to appear charge, would be dismissed from the case. A recess was then called for lunch. After the recess, Allisha Gonzalez was called the the stand.
Gonzalez, who also lives in Illinois, was at the concert during the night of the alleged rape. After the concert, she rode back to the hotel with McDowell. According to her testimony, they were invited to a party inside the hotel. Once inside, a friend of the victim noticed she was missing her belongings and Gonzalez and McDowell offered to go back outside to help locate them.
Gonzalez said that once outside, the three found the victim inside a car with three men, performing sexual acts that appeared to be consensual. According to Gonzalez, the friend then said, “I’m going to call the police and tell them I was robbed and you’re going to tell them they raped you.”
Gonzalez continued her testimony by stating the only time she witnessed McDowell touch the victim was to put his arm around her in a reassuring manner.
Dan Hampton, prosecutor, continued with a cross-examination. Hampton asked Gonzalez why she never contacted the Warsaw Police Department about what she saw that night. Gonzalez said that she was never contacted by the police department.
Hampton also asked Gonzalez why, when leaving the courtroom yesterday, he heard McDowell say to Gonzalez, “She just f—ed me up.” Gonzalez said that she did not recall this comment.
A recess was called after Gonzalez left the stand. It appeared that the jury would start deliberation soon.