ENID, Okla. — Note: These charges were amended before the trial began Monday, Feb. 24, 2014, to only first-degree rape and sexual battery. A mistrial was declared Tuesday, Feb. 25, 2014.
A 28-year-old Enid man charged last year with first-degree rape is facing three more felony charges following his preliminary hearing Tuesday afternoon.
Jimmy Dan Petersen initially was charged in October of last year for the rape of his 17-year-old baby sitter.
The baby sitter, now 18, testified during the hearing, along with Petersen’s daughter, who was home at the time of the alleged incident, and Enid Police Department investigator Tim Doyle.
Special District Judge Brian Lovell said there was enough evidence to bind over Petersen for trial on the first-degree rape charge, as well as charges of sexual battery, attempted rape by instrumentation and attempted sodomy based upon the baby sitter’s testimony.
The sitter told the court she was asked to baby-sit Petersen’s 9-year-old daughter Oct. 16, 2012, because the girl had to stay home sick from school.
The sitter said she was there for about 15 to 20 minutes before Petersen came home for lunch. She said Petersen said he needed to talk to her about something and then took her into his bedroom and raped her.
She said the rape lasted for about two to three minutes.
“I turned my head into the pillow,” she testified. “I didn’t want him to look at me.”
Assistant District Attorney Hope Bryant asked her, “Did you give up?” She replied yes.
The sitter also said Petersen told her, “You won’t tell anyone, right?”
Bryant asked the sitter how she felt afterward.
“Disgusted with myself,” she said, “scared, uncomfortable.”
The baby sitter said she initially did not want to tell anyone about the rape because she didn’t want Petersen’s children to grow up without a father.
Petersen’s attorney, Steve Cameron, asked the sitter about the differences in the recollection of the rape she testified to Tuesday and the accounts given in her written statement and an interview with a detective.
“Now you allege he forced you. Mr. Petersen held you down and forced your legs apart,” he told the woman. He then asked if she would agree there were “inconsistencies” in her testimony Tuesday and what she told police.
The baby sitter said the stories were the same and she only gave the detective a brief overview of the incident.
Cameron asked the woman if Petersen ever made any threats to her, and she said he did not. He then asked why she did not flee or attempt to struggle.
“You did not strike Mr. Petersen, correct?” Cameron asked. “You didn’t make a break for the door.”
Cameron asked the baby sitter whether she had a rape kit performed or a medical exam following the incident, and she said she did not.
Doyle testified when he spoke with Petersen, he admitted to having sex with the baby sitter.
“His initial accounts were along the lines of, ‘Yes, we had sex, but I didn’t force her to do anything,’” the detective said.
Bryant asked Doyle if he believed the defendant’s story when it was being told to him.
“Absolutely not,” Doyle said. “She’s young. He’s an adult male. His demeanor was not believable.”
He said while speaking with Petersen, there were “red flags” that Petersen was not being entirely honest with him.
Cameron asked Doyle if he felt the young woman was telling the truth about the incident.
“I did not feel like she was a willing participant,” the detective said.
Cameron asked about the sitter’s demeanor when Doyle spoke with her. He also asked if she appeared under the influence of alcohol or drugs.
The detective said she was noticeably “distraught,” but did not appear to be under the influence of any substances.
Bryant asked the court to bind Peterson over on the first-degree rape charge, as well as a count of sexual battery, which was revealed in the sitter’s testimony.
Cameron said the evidence presented did not meet the standards required by the charges.
“In light of the testimony today, the state had not met its burden of proof,” he told the court.
Lovell said he found enough to bind over Peterson on the initial charge, as well as the three others.
He set Petersen’s next court date for July 9 before District Judge Paul Woodward, and asked Bryant to have an amended charge sheet prepared by that date. Petersen remains free on $100,000 bond.