A man charged with indecent assault was bound over on all charges after a preliminary hearing Wednesday at the Centre County Courthouse.
Malik Frye, 19, of Harrisburg, was charged in October with three misdemeanor counts of indecent assault without consent, indecent exposure and criminal trespassing. An initial preliminary hearing on Dec. 21 was continued until Wednesday.
According to testimony by a State College woman, at about 4 a.m. Oct. 22, she awoke to Frye on top of her in her bed. She said he had been kissing her and told her to “just lay down, I’ll make you feel good.”
The woman said she had never met Frye before, and pushed him away before leaving the room. Her roommates and neighbors — who had been spending the night at the apartment — were eventually able to convince Frye to leave.
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Frye had been at the apartment as a friend of a friend, she said.
A neighbor testified he had found Frye naked in her bed after the woman had come out. Because Frye was refusing to leave, he said he threatened to call 911, and Frye fled when the neighbor called police.
The District Attorney’s Office attempted to have a charge of indecent assault of an unconscious person added to the charges, but was denied by District Judge Allen Sinclair, who presided over the hearing.
Frye’s attorney argued that the indecent exposure charge should be dismissed, since the event was not in public and Frye was not exposed to the occupants of the apartment until he was uncovered in the bedroom. He also argued that since the woman couldn’t recall if he was naked when he was in the room with her, the indecent assault charge was meritless as well.
Ultimately, Sinclair bound him over on all charges. Frye’s bail was also modified to an unsecured $25,000 bail, as he had originally been released on his own recognizance.