Jury returns mixed verdict for man accused of rape

After two days of testimony and five hours of deliberation, a decision was made in the case of a 23-year-old Bedford man accused of rape.

A Centre County jury found Kyle Swindell guilty on two of three felony sexual assault and one of two felony aggravated indecent assault charges, while acquitting him of felony rape and involuntary deviate sexual intercourse.

The charges stemmed from a reported incident in April when a then-18-year-old woman claimed Swindell had raped her during a surprise birthday party for him and his brother in Bellefonte.

Morning testimony during the second day of the trial was marked with contradiction, as the defendant’s brother, Seth Swindell, took the stand, along with the defendant himself. Seth Swindell was one of the residents at the apartment where the alleged assault occurred.

Seth Swindell testified to having heard no sounds of distress when he was outside his bedroom while his brother and the woman were inside. He said when he was finally able to get into the locked room, he saw his brother getting up off the woman, saying both seemed “embarrassed,” “like someone having sex.”

He testified to seeing Kyle Swindell and the woman “flirting,” talking and standing close throughout the evening, and also said the woman had commented after the reported incident that “maybe I liked it.”

State College police Detective Chris Weaver testified Monday to having a lengthy discussion about the incident with Seth Swindell, but when he received a written statement, it lacked several of the elements they had discussed.

Kyle Swindell also testified to flirting with the woman at the party, saying he had asked his brother about about having sex in his room earlier in the evening. He said the woman had not appeared intoxicated at the time, although she had testified earlier to having six shots of cinnamon-flavored whiskey, and at no point said “stop,” nor yelled for help.

He testified to speaking with Weaver, saying the detective never informed him he was being investigated for rape, contradicting what Weaver had testified Monday. He claimed he assumed the investigation was related to the furnishing charges.

On cross-examination, Kyle Swindell claimed previous testimony by the other witnesses, including Weaver and Seth Swindell, had been lies, saying that he had never known about a joke regarding he and the woman having sex.

In closing arguments, defense attorney Philip Masorti described the testimonies as “complete chaos,” referring back to conflicting statements heard throughout the trial.

“Is there no dignity ... to these proceedings when witnesses come to these hearings and lie?” He asked.

The prosecution’s closing focused on, hypothetically, how young women “should” be educated to be “real” rape victims, pointing out that they will not be believed if they do no successfully fight back, immediately go to authorities or keep their stories absolutely consistent.

“It’s appalling that this is still how we treat rape victims,” the prosecutor said.

In addition to the felonies, Swindell was also found guilty on misdemeanor charges of indecent assault without consent and furnishing alcohol to minors.

Centre County Judge Thomas Kistler, who presided over the trial, denied a bail modification motion made by the prosecution. Swindell posted $100,000 bail in May 2016, according to court documents, and remains free.

Sentencing for Swindell is scheduled for Nov. 20, Kistler said.

This story was originally published September 27, 2017 at 1:15 AM with the headline "Jury returns mixed verdict for man accused of rape."