Prosecutor Wants Conviction in This San Angelo Child Sex Abuse Trial

One little girl’s word and a string of stories of sexual abuse are at the heart of the trial of Tucker Wayne McCrea, a San Angelo man accused of continual sexual abuse of a child under 14.

McCrea, 33, joined his attorney Jimmy Stewart in the courtroom on Monday, entering a plea of not guilty before a jury of seven men and seven women, to include two alternates. Lawyers for the state and defense then made their opening arguments at roughly 3:15 p.m.

“There was a little girl,” Assistant District Attorney Meagan White paced in front of the jury. “This little girl was about 10 years old, starting fifth grade…and she read a story that resonated with her.”

That story, the prosecutor continued, revolved around secrets, and in September 2013, the little girl told her mother of one she’d been harboring for years.

Tucker McCrea, White said, was a friend of the girl’s father and had been living with him in Grape Creek when the abuse occurred. McCrea had also had a relationship with the girl’s mother at one point, who was in prison from the summer of 2007 to August 2009.

White kept her opening short and told the jury she believed the evidence would prove that McCrea was without a doubt guilty of the first-degree offense he’d been charged with. In his defense, Stewart abbreviated several different stories the child had told to outcry witnesses, citing inconsistencies that he believes proves his client’s innocence.

“They had the girl go over to Hope House…” he said. “In that interview, she said that she doesn’t remember a lot of things that happened, [but] that Tucker did some things to her.”

One of those accounts, Stewart told the jury, was that the child had been showering when McCrea, fully clothed, alleged entered the shower with her and touched her all over her body. Later, the girl could not recall whether he had assaulted her or not, Stewart proposed.

On another incident, “She said he asked her to do something, and if she did it, he would give her $50,” Stewart said. “If she didn’t [do anything], he would do something bad to her family.”

Again, Stewart said, the girl could not remember what she had been asked to do, and then gave a “totally different” story seven months later.

“It will be up to you to listen to all these stories—they’ll be very inconsistent,” he cautioned. ‘Then decide whether you believe beyond a reasonable doubt that Tucker McCrea is guilty.’

During the trial, White and 51^st First Assistant District Attorney John Best intend to use the testimony of two outcry witnesses as evidence. A hearing was held after the jury was dismissed on Monday, during which the court heard from the little girl’s mother, who first learned of the abuse on Sept. 25, 2013 at around 8 p.m. as the child lie in bed.

It was a school night, her mother recalled, and her 10-year-old daughter was at that time involved in the radKIDS program, a program whose focus tightens on educating children about safety and personal empowerment, according to their website.

“[My daughter] said she needed to speak to me,” the woman told the court. “We went to her room, [and she told me], ‘today we did [something in radKIDS] about secrets that make me feel bad.’ She said she had a secret that made her feel bad.”

The mother said she asked her daughter if she wanted to tell her the secret, and the girl responded affirmatively.

“[She said] Tucker had touched her on her ‘po’ on more than one occasion,” the woman stated, clarifying that “po” is what her daughter calls her vagina. “As soon as she told me that, I told her that it was not her fault; that I loved her; that I believed her; and that we would take care of it.”

The child had relayed the news very “matter of fact,” her mother testified, and told her the abuse had happened while the witness was away at prison. After speaking to her husband, the mom dialed 911.

According to her testimony, she didn’t ask her daughter any further questions about the abuse and waited until a detective could be present for a forensic interview. Seizing upon this statement, Jimmy Stewart referred to a report written by Tom Green County Sheriff’s Investigator Sergeant Martha Ibarra, which stated that the mother had reported to officer Soto that the abuse had taken place in the shower.

“There was stuff in journals and all kinds of stuff,” the mother replied, acknowledging that she had heard of the shower incident, but wasn’t sure if it had been that night. She was then certain it was, but admitted that more details had gradually emerged over the course of the two years leading up to trial, and she couldn’t place them time-wise.

State law provides that when a child victim makes an outcry, the first person that child tells of the abuse may testify on what was reported, and nothing further. Because both the mother and forensic interviewer Melody Jeter were the first persons told about specific instances of abuse, the state is seeking to have their testimonies admitted to the court before the jury.

“Your honor, the witness’ memory seems pretty bad,” Stewart offered. He added that other witnesses would likely testify before the jury that more information was provided to her by the victim on the night of the outcry than what she could recall. “I think there is some doubt about her memory of the events.”

“Quite frankly,” ADA John Best countered, “it would work to the benefit of the state [if she had been told more].”

Judge Barbara Walther then asked Best to clarify the witness’ testimony of what exactly she had heard the night of Sept. 25, 2013.

“[She said] that he had gotten in the shower with her,” the woman stated. “He washed her body and he got in first with his swim trunks on and he asked her to put his penis in her mouth. He washed her—on her po, on her body…” she said, her eyes welling with tears.

The woman repeated that she wasn’t sure she’d first heard of the shower incident that night, but then stated she was certain when cross-examined by the defense attorney immediately thereafter. Best acknowledged the inconsistency in that portion of the testimony, but maintained that the remainder of the content of the outcry was reliable.

After roughly 30 minutes of examination, Judge Walther ruled that the mother’s testimony would be admissible, which will be heard by the jury on Tuesday morning.

The jury will also view the video of the forensic interview conducted at Hope House by Melody Jeter. Initially, the state had intended to call Jeter as an outcry witness, as recordings of forensic interviews are not admissible as evidence from the state. A caveat, however, is afforded to the defense when a victim’s testimony given at a later date conflicts with a previously given statement.

Because Stewart had announced his intentions to offer the video as evidence of inconsistencies within the victim’s account of the alleged abuse, and the state had planned on calling Jeter to the stand to testify, the video has been scheduled for Tuesday when the trial resumes. The mother also noted that the child is available to testify during the proceedings.

Tucker McCrea stands charged with continuous sexual abuse of a child under 14, a first-degree felony that carries a minimum sentence of 25 years and a max of 99. According to the indictment, he is accused of committing three counts of aggravated sexual assault of a child and one count of indecency with a child by sexual contact between June 1, 2008 and June 1, 2010.