Accused Grape Creek Child Sex Predator's Fate in Jury's Hands

The jury in the Grape Creek child sex abuse case involving Tucker Wayne McCrea, 33, has retired to the jury room for deliberations.

The jury heard roughly an hour-and-a-half of arguments made by defense counsel Jimmy Stewart and prosecutor, 51^st Assistant District Attorney John Best Thursday afternoon.

Stewart pointed to the child’s testimony from Wednesday hammering inconsistencies in her story, as told to law enforcement, a forensic interviewer, and the jury itself since her Sept 2014 outcry.

“I don’t think there is any way that you can convict Tucker McCrea based on the testimony of that little girl who sat here yesterday and contradicted herself,” Stewart said. Stewart pointed first to the Hope House interview noting that the victim had told forensic interviewer Melody Jeter that she had never seen the defendant’s genitalia and that he had never said anything to her. “She (the victim) has said both that he didn’t say anything and she has said that he said that [McCrea offered her money and asked her to commit a sexual act],” said Stewart.

Stewart also noted that the child said that her mother never lived at the trailer after she was released from prison. Yet, adult witnesses who testified on Wednesday have confirmed that the mother lived there for up to three months. “Can you rely on this testimony? I don’t see how you possibly can,” Stewart argued.

Stewart supposed that the state would say that the child was traumatized and therefore had difficulty testifying. “I submit to you that’s because it’s the first time she had to say all that stuff with Tucker in the room,” Stewart said. The defense attorney concluded by questioning the jury: “If McCrea had access to the child for two years why did he stop even though he was around her for another year after the alleged abuse took place?”

As state’s attorney John Best stood before the jury for his final argument, two male jurors who had been sitting with their arms at their side tensed up and crossed them as the prosecutor took over. “What a position for her (the victim) to be in,” Best said. “And she carried that secret for four years before she tells anyone.” Best referenced the Hope House interview and told the jury to imagine the child going in and telling a stranger about the abuse she had sustained. “Do you think she wanted to tell you—any of you or me—yesterday about what happened to her?”

“What was she most afraid of? Going to jail or court?” In earlier testimony, the child stated that when she told her mother of the abuse, the child prefaced the outcry by stating that she didn’t want to go to jail and she didn’t want to go to court. “Well, she didn’t have to go to jail,” Best said.

Best referenced the varying details of abuse the child had relayed to the court in numerous statements and testimony. He quoted the forensic interviewer, who testified, by saying, “Disclosure is a process, not an event. On April 14, 2014 she (the victim) meets [Sgt. Investigator] Martha Ibarra. She doesn’t tell her a different story. She tells her more,” Best underscored.

In closing, Best called the defendant a “man without boundaries”. He asked the jury to send a message to anybody who would commit this type of sexual abuse repeatedly to a child that they will be held accountable.

The jury entered into deliberations at 2:36 p.m. The jury’s charge from the judge includes both the first-degree continual sexual abuse of a child offense as well as four lesser offenses. The lesser offenses include three counts of aggravated sexual assault of a child, and one count of indecency with a child, sexual contact. The jury may only select one of the above five options to convict.

In order for the jury to find continuous sexual abuse of a child, they must determine that McCrea sexually assaulted the child on two or more occasions over a period that extends over 30-days or more.

Court watchers expect a verdict to be delivered today.