Attorneys, Families Reflect on Sentencing in Grape Creek Sex Abuse Trial

“I’m so glad it’s over,” a young, upbeat voice laced with relief faded out the courthouse door. The 12-year-old girl, enveloped in the arms of her mother and aunt, bore a smile the court hadn’t seen as she sat on the witness stand one day prior.

It was 10 p.m. Thursday when the 12-member jury returned with a verdict two families had waited for. A verdict that sent 33-year-old Tucker Wayne McCrea to prison for 28 years without the possibility of parole.

McCrea, whose face remained stoic and void of emotion throughout the four-day trial, has been convicted of continual sexual abuse of that same little girl: The daughter of a man he called his friend; the daughter of a woman he claimed to have loved.

The trial began on Monday, and by Thursday afternoon both the state and the defense were ready to rest and close. Powerful closing arguments from both sides sent the jury off for deliberations at roughly 2:30 p.m., and just under four hours later the jury returned with a first-degree conviction and a decision to take on levying punishment.

During the punishment phase of the trial, Assistant District Attorney Meagan White called only one witness to the stand, the little girl’s mother who had first learned of the abuse on Sept. 25, 2013.

“She is strong in front of everybody else…” the girl’s mother said, reflecting on her daughter’s testimony, “then, when she gets home, she’s in panic mode, saying ‘I don’t want to do this’. It does seem to be very difficult for her.”

In her testimony, the girl recalled with great hardship the varying counts of abuse, including at least five instances when McCrea had violated her at her father’s trailer home in Grape Creek. Mixed with solemn and timid moments of silence, the child relived the abuse for the jury while her perpetrator sat by and watched.

“It’s changed who she was,” her mother said. “She used to be very bubbly and super happy…It’s made her very shy. It’s made her afraid of things she was never afraid of before—minnows, camping and men.”

On one occasion prior to the trial, the mother recounted, a friend was driving her daughter home from school when she stopped at a red light.

“[She] thought she saw Tucker [in a truck] next to her,” the girl’s mother said. “She was very upset. She was crying—she actually vomited. She actually asked me to call John (Best, the prosecutor) and tell him that she could not do it (testify).”

Since her outcry in September 2013, the 12-year-old has been visiting a counselor once a week. She has made progress, her aunt said, but she will likely be battling the effects of the abuse for the remainder of her life.

After the mother’s testimony, prosecutor John Best entered only the documentation from the defendant’s two prior DWI convictions into evidence. Defense counsel Jimmy Stewart took the case from there.

Stewart called a handful of witnesses, including McCrea’s mother, sister and three family friends. All described him as a good and responsible adult—a real contributing citizen—who had never been in trouble and treated people with respect.

One 31-year-old friend of McCrea’s, a fellow named Del, stated that despite the jury’s conviction he still trusted his friend and believed he was a good person. He said he would have no problem whatsoever leaving the 33-year-old alone with his four daughters aged 9, 8, 7 and 5.

“They love him,” he said.

In his closing arguments, Stewart pointed out the mandatory minimum of the sentence for the charge, asking for the jury to be lenient and assess only what they must, 25 years.

“You didn’t hear any evidence of violence in this case; you didn’t hear any evidence of injuries in this case,” Stewart said. “If you can imagine what cases there might be brought to you under this statute…I would submit to you that this case is one of the least serious of this kind…”

John Best took over closing arguments for White, making no specific direction to the jury on a number they should select to fit the crime.

“Tucker McCrea is a monster,” he said. “Tucker McCrea is the reason [the girl] had nightmares and couldn’t sleep well at night…”

As he spoke, the little girl stood with her mother and aunt and left the room quickly, caught in emotion.

“You set the community standard,” Best continued. “You tell the community what the price is for somebody who would molest a 6-year-old girl over and over and over and over again.”

After an hour and 10 minutes of deliberation, the jury returned with a verdict. Judge Barbara Walther read it back, slowly emphasizing each word for effect. McCrea was sentenced to 28 years.

“We’re happy the trial is over,” the girl’s aunt said on behalf of the family. “[The victim] has been so empowered by this experience. [She] has been given her voice back.”

The girl’s aunt said that despite the difficulty of the trial, her niece is happy she did it, and all are looking forward to getting back to their normal routine. The verdict, she said, brought justice to the victim, and all are relieved that it’s finally over. 

“While we empathize with Tucker’s family and we pray for them, we couldn’t be happier with the result,” the girl’s aunt said.

The little girl, sitting in the hallway surrounded by family, proudly proclaimed that she is no longer afraid of minnows.

For his part, John Best applauded the courage of the child to come forward and testify in the case in front of the man that had hurt her.

“There are so many victims of abuse that we never hear from,” Best said. “The victim in this case showed incredible courage to come forward in the first place and to tell her story in court.”

Best acknowledged the jury’s hard work, noting that cases involving child sexual abuse are some of the most difficult to prosecute and the most difficult to hear. He commended the radKIDS program, which is where the victim first learned how to handle such heavy secrets, and expressed gratitude to all of the investigators and individuals involved in the case that extended their support.

During the course of the trial on Wednesday, two other teens, a 16-year-old and a 15-year-old, contacted the DA's office with reports of sexual intercourse and inappropriate images sent by McCrea of his genitalia. Neither of those teens were able to be called as witnesses in this trial, as the state is required to notify the defense in advance of any evidence or testimony on extraneous offenses. Those cases have not yet been assigned for investigation; however, they will be followed up on in the future.

“Our office is committed to protecting the children of this community, and we will continue to seek justice [for victims of these and any crimes],” Best said.

Tucker McCrea was walked out of the courthouse in handcuffs on Thursday night. Due to the nature of his offense, he will never be eligible for parole. When he is released, he will be 61 years old.