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Sex-assault case against three likely to go to jury Wednesday

Posted: November 1, 2011 - 5:42pm

The trial of three man accused of sexually assaulting a teen at a party last fall will resume Wednesday.

The trial of Jason Scott Turner, 22, of Evans; Robert Lincoln Levy, 21, of Augusta; and Tyler William Davitte, 23, of Martinez, began Monday. The trio is charged with aggravated sexual battery in connection to an assault, which occurred at a home on Shaw Street in Martinez.

Police received information Sept. 20, 2010, about underage drinking, drug activity and sex at a Shaw Street home in Martinez owned by Donald Everett Morrison.

The investigation found that in August, an 18-year-old girl was drinking at the home. She and a friend reportedly passed out. The friend slept on a sofa and the 18-year-old went to a bedroom with one of the men.

Two others came in and sexually assaulted her, police said. A friend beckoned Clayton Edward Blanton into the room to record video with his phone. He recorded the activities, but before leaving he woke up the victim’s friend to tell her what was happening in the bedroom.

After the prosecutor, Assistant District Attorney Natalie Paine, finished presenting her case, defense attorneys asked for a directed verdict of not guilty. They claimed the prosecution did not prove all elements of the alleged crime.

“Any reasonable jury would not find Mr. Levy or any of the defendants guilty of aggravated sexual battery,” Levy’s defense attorney Jason Troiano said.

After several conferences between attorneys, prosecutor and Superior Court Judge J. Carlisle Overstreet, they opted to continue and hear the defense’s evidence and testimony.

Columbia County sheriff’s Investigator Teresa Lamb testified that Turner, who was in the bedroom with the teen consensually, is charged as a party to the crime.

“He was there while the crime was being committed,” Lamb said. “He knew it was wrong, but didn’t say stop.”

As part of a negotiated plea agreement with the District Attorney’s Office, Blanton, 22, of Evans, pleaded guilty to unlawful surveillance in August. Superior Court Judge J. Carlisle Overstreet sentenced him to 23 months in jail.

The attorneys will present closing arguments beginning at noon Wednesday.

Levy is being held in the Columbia County Detention Center without bond. Davitte and Turner were released after posting $25,000 bonds each.

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