HOLTON — A 13-year-old girl was bragging to an acquaintance that she had had anal sex with Jacob Ewing, a woman testified Wednesday in the third day of trial of Ewing, who faces two charges ofhaving sex with a minor.
Ewing, 22, is charged with aggravated indecent liberties and aggravated criminal sodomy with a child under 14 years old. He has pleaded not guilty to the charges.
At 11:10 a.m. Wednesday, special prosecutor Jacqie Spradling rested the Jackson County criminal case against Ewing.
Defense attorney Kathleen Ambrosio asked Jackson County District Court Judge Norbert Marek Jr. to acquit Ewing of the charges. Marek denied the acquittal motion.
Earlier on Wednesday, prosecution witness Savanah Dawley testified that the victim had told her that she had had sex with Ewing. Through Facebook, Dawley testified, she told Ewing that the girl was telling other people that she was pregnant with his child and that the girl was only 13.
Dawley also testified that the girl was “proud and excited about it,” referring to the anal sex she said she’d had with Ewing.
Dawley testified that the girl didn’t tell Dawley that she was was sexually assaulted by Ewing at an area cemetery.
Under questioning by the prosecutor, Dawley said she knew that having sex with someone 13 years old is against the law.
Defense witness Kassidi Wood, a one-time friend of the victim, denied the victim told her anything about the 13-year-old being sexually assaulted. Defense attorney Kathleen Ambrosio questioned Wood, who said:
— the victim hadn’t told her Ewing had sexually assaulted her.
— the victim hadn’t told her she had anal sex with Ewing.
— she didn’t see the victim bleeding.
— she didn’t tell the victim to seek medical treatment from a doctor.
Wood is on diversion in Jackson County on a charge of contributing to a child’s misconduct based on the victim saying that she had consumed alcohol in Wood’s apartment.
Before talking to investigators in the sex assault case, Wood obtained immunity from prosecution by the Jackson County Attorney’s Office, Wood testified. Wood flew from North Carolina to Kansas to testify.
In other testimony, psychologist Julie Allison testified that sex assault victims similar to the victim in this case — young, single and less educated— are less likely to report the assault to police than a married, older and more educated victim.
Allison holds a doctorate in psychology, which she teaches at Pittsburg State University, where she also conducts research. Most victims who do report being sexually assaulted do so because they don’t want other women to be attacked, Allison said.
Before an offender attacks his victim, he may groom her, which is a facade of charm and friendliness to gain the victim’s trust, all with the intent to sexually assault her later, Allison said.
Another witness, Alexander Elliott said that he received a Facebook message from Ewing seeking the phone number for the girl. Elliott replied he didn’t have one; however, Elliott said he saw Ewing in a Holton store and told him that the girl was going around telling people she was 17. Elliott told Ewing the girl was 13. Ewing “just shook it off,” Elliott said.
Jackson County Sheriff’s Detective Phil McManigal testified, saying the 13-year-old rape victim did “an excellent job” directing investigators on the route driven by Ewing from his home to the cemetery where the girl said she was sexually assaulted.
McManigal said the victim was cooperative with investigators and didn’t hesitate or correct herself when giving investigators directions from Ewing’s home.
McManigal said the route had a series of turns, was 11 miles long and required 15 minutes of driving.
When the alleged crime occurred in 2014, Ewing was 19 years old and the victim was 13.
Ewing’s appearance has changed since he was arrested and over the time he has been in jail.
During that time he had grown a lengthy beard and had somewhat longer hair, but now he is clean shaven, has a crew cut, and was wearing gray slacks, a blue shirt and a tie on Wednesday.
If Ewing doen’t testify as the last witness in his trial and the prosecution doesn’t call any rebuttal witnesses, prosecution and defense attorneys will make closing statements on Thursday morning, the fourth day of the Ewing trial. Each side will get one hour apiece.