Motion to dismiss rape case denied

Motion to dismiss rape case denied
By Ken Childers
ONL Editor
A motion to dismiss a case against an Okemah man accused of raping an underage girl more than two years ago has been denied.
Edmond Warrington, 70, was charged in May 2018 with first or second-degree rape and was scheduled to stand trial on May 13, 2019. That trial was continued until the following week, but before it began, the state dismissed the charges without prejudice, meaning the case could be reopened. Warrington was charged again in October, this time with first-degree rape. The charges were later amended to first-degree rape by force or fear and second-degree rape by instrumentation.
On Feb. 18, Warrington was arraigned at the Okfuskee County Courthouse and on the same day, his attorney filed a motion to have the case dismissed, citing “an abuse of discretion by the trial court” in dismissing the original case without prejudice. Also in the motion, it was claimed that Warrington’s sixth amendment right to a speedy and public trial was violated.
On Tuesday, District Judge Lawrence Parish denied the motion to dismiss and set an arraignment date of July 14. According to the alleged victim’s family, Parish took into account “family turmoil” and separation when making his decision to deny the motion.
In a preliminary hearing last November, the alleged victim’s father said on May 12, 2018, his daughter left their house to ride a four wheeler around his property, which adjoined Warrington’s land.
The father said he and his family tracked his daughter as she rode the four-wheeler by using an iPhone application called “Find My Friends.” He said he checked his daughter’s icon on the screen and  noticed it hadn’t moved for 15 or 20 minutes, so he went to check on her.
The girl’s father said he saw Warrington’s truck parked with his daughter’s four-wheeler close to it on the driver’s side.
He said he could see his daughter’s legs inside the truck when he got about 40-50 yards away. The father also testified to seeing Warrington with his pants unbuttoned.
In May 2019, then Assistant District Attorney Laura Farris told the court that during an investigation, allegations were made that Warrington took pictures of the victim with his phone during the course of the alleged abuse. Farris said a warrant had been served at Warrington’s home and the phones, as well as other electronic devices, were seized.
Warrington is represented by Attorney Elliot Z. Smith of Tulsa. The case is being prosecuted by Assistant District Attorney Albert “Kell” Kelly.

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