Criminal Law McKinney teen charged with sexual assault of a child

Published on October 3rd, 2013 | by Daniel R. Perlman

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McKinney teen charged with sexual assault of a child

A McKinney teen is on trial this week facing charges of aggravated sexual assault of a child and indecency with a child.

Garrick White, 18, is accused having sexual contact with a 13-year-old girl on Easter Sunday in April 2012. He was 17 at the time.

Prosecutor Crystal Levonius told Collin County jurors during opening statements Tuesday that the law is clear that a 13-year-old is too young to give consent and that any sexual activity she had with a 17-year-old is considered a crime. “She was in a position she couldn’t get out of,” Levonius said.

Defense attorney Coleman Sylvan told jurors the child in this case needing protection is White. “This case is going to come down to credibility, who was manipulated and who wasn’t,” he said.

The girl, who is not being identified, is 15 now. She testified that her friend arrived at her house with White and another teenage boy on Easter Sunday last year and asked her to come with them. They drove down the street in a silver BMW, parked and started talking.

The girl said her friend started giving oral sex to the 16-year-old boy in the front seat. She testified that she was pressured for about five minutes to give oral sex to White. She said her friends were telling her: “Come on. It’s OK. It won’t hurt.”

She said she gave him oral sex. “I didn’t really know what I was doing,” she said.

So why did you do it? Levonius asked.

“I wanted them to think I was cool,” she said, adding that she also gave oral sex to the 16-year-old boy in the front seat.

A neighbor called 911 because he thought the teens parked in the car in front of his house were fighting. Police came out, talked to the teens and sent them home. The girl testified that word eventually got out around school about what she did. Teens at school were mean to her and called her names, she said.

Her sister found out and told her parents. They called police in August.

The girl said she exaggerated to her parents and to police, saying she was forced to give oral sex when she was only pressured by her peers. She also said she didn’t mention White in her initial forensic interview. Only later during questioning with police did she tell about what happened with White. She said she didn’t want her parents to judge her.

Her testimony conflicted at times. At one point she said she told prosecutors this summer that she wasn’t forced, just pressured. Then she said she

didn’t tell prosecutors about the lack of force until Tuesday morning.

The girl testified she never told White how old she was.

White made news last year when he was one of five Prosper High School students accused of sexual assault and unlawful restraint charges involving several teenage girls at an apartment in Prosper. White’s name was made public along with that of Darius McClinton-Hunter, the son of Major League Baseball player Torii Hunter. The other three boys were not identified because they were minors.

A Collin County declined to indict McClinton-Hunter and the three juveniles. Charges against them were dropped. McClinton-Hunter has since filed a civil suit against the girls who accused him and their families. Some of the defendants in that case have reached a settlement with McClinton-Hunter. The others have agreed to mediation.

White was indicted in the Prosper case on a charge of unlawful restraint. That charge is pending. He also faces multiple charges of sexual assault and sexual assault of a child from an incident that occurred this May in McKinney. Those charges are also pending.

If you have been arrested for a Sex Crime the Law Offices of Daniel R. Perlman can help. Please contact a Los Angeles Sex Crimes Attorney today to have your case reviewed.

Source: crimeblog.dallasnews.com “McKinney teen charged with sexual assault of a child,” October 3, 2013.

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