Jacob Dilldine appeared before Judge Rebecca Gore for preliminary hearing, Monday.
Dilldine, Vinita, is charged with first degree rape.
According to court documents, he had “sexual intercourse involving anal penetration with (an impaired individual) who was not married to Jacob Dilldine and was not capable of giving legal consent because of mental illness or unsoundness of mind.”
Assistant District Attorney Marny Hill represented the state of Oklahoma while Dilldine was represented by attorney Kevin Dodson.
Hill called the alleged victim to the stand first, who was accompanied on the stand by his advocate. The advocate was silent during questioning.
The alleged victim described going to counseling at a children's advocacy center because of anger problems and issues with Dilldine at school.
“I told the counselor that Jacob was sticking his penis in my butt and I didn't want him to,” said the alleged victim.
The alleged victim said this occurred about every other day for the entire junior year at Adair High School, and through the first few months of the senior year. The assault, the alleged victim said, happened in the boys’ bathroom across the hall from the special education class.
Hill asked if the alleged victim was afraid of Dilldine.
“My mom used to babysit him,” the alleged victim said. “So I grew up with him. I wasn't scared of him until this happened.”
Hill asked why the alleged victim did not run away when this was happening.
“I told him to stop but he said he wanted to do it again,” the alleged victim said. “I didn't know what else to do, I don't know ma'am.”
Dodson did not question the alleged victim.
Hill called the victim's mother to the stand.
She began by describing her child’s rare medical condition as well as capabilities and weaknesses.
“Basically one side of the body is outgrowing the other and it causes some mental delays as well,” said the mother.
She said her child cannot live alone, manage money, cook or make decisions. She said the Individualized Education Plan ranked the student at a third-grade level. She said she has never known her child to lie to get someone in trouble.
Dodson began his cross-examination by asking about the alleged victim’s work history, driving record and social habits.
She said the alleged victim was let go from Wal-Mart after working there only a short time.
Scott Nelson, of the Adair Police Department, was the state's next witness.
Nelson recounted questioning both parties after the situation was reported to him.
“Dilldine admitted to me that he had been having sexual relations with (the alleged victim),” said Nelson. “When I asked him to elaborate, he refused. I asked him if it was consensual and he said yes, but he acknowledge that (the alleged victim) only functions at about a third grade level so probably didn't understand.”
When asked to describe the alleged victim based on his questioning, Nelson said he was child-like and very easily persuaded.
“When I was taking an official statement from Dilldine, he changed his story in regard to how long this had been happening. When I asked him why, he said he was changing his story now because it was going to be on record,” said Nelson.
“At the time of the interview, he never asked for a parent or attorney. We advised him several times that he should and he repeatedly said, 'No, I want to get this over with. I'm 18. I don't have to call my dad,'” said Nelson.
Dodson asked Nelson if, during questioning, Dilldine ever denied the allegations.
“No, he seemed eager to discuss it. He almost seemed relieved to talk to me,” said Nelson.
The state called Ryan Kester of the Mayes County Sheriff's Office, Jodie Hunt of the Child Advocacy Center and the victim's father, as witnesses.
Dilldine has been out of the Mayes County Jail on a $25,000 bond since September 2012. A special condition of his bond is that he be confined to his residence and only allowed to leave for doctor's appointments, school and work. He is ordered to have absolutely no contact with the victim or victim’s family.
Gore bound Dilldine over for trial in Mayes County District Court. The trial is scheduled to begin May 15.