McAlester News-Capital, McAlester, OK

Local News

May 10, 2013

Lawton man accused of rape gets prison time

McALESTER — A Lawton man who was accused of second degree rape and lewd acts pleaded no contest Thursday in Pittsburg County District Court to reduced charges and was sentenced to prison.

In June of 2011, Kyle Eugene Avery, 22, allegedly engaged in inappropriate sexual behavior with a 14-year-old girl, according to court records, and was charged Sept. 23 with one count of lewd or indecent proposals or acts to a child under 16 years of age and second-degree rape.

According to a police affidavit, Avery inappropriately touched the underage girl and later “texted” her with inappropriate sexual requests.

Avery was set to go to trial on the charges Thursday, according to court records. Before the trial began, Avery reached a plea bargain agreement with the District 18 District Attorney’s office. Just before noon Thursday, Avery appeared in District 18 District Judge Thomas Bartheld’s courtroom.

Avery settled two felony cases against him while in court Thursday. First, the rape charge was dismissed. According to District 18 Assistant District Attorney Chuck Sullivan, the DA’s office did not believe the burden of proof could be met on the rape charge. “Events described by the victim and another state’s witness did not match,” Sullivan said. So the rape charge was dismissed.

As part of a plea bargain agreement, the second count was amended to assault with intent to commit a felony. Avery pleaded no contest to this charge and a felony charge in another case in which he assaulted a correctional officer at the Pittsburg County jail.

Avery was sentenced to 10 years, with all but the first 18 months suspended. The 14-year-old victim’s father appeared in court and said he agreed to the sentence. I just want to make sure that Avery is not allowed to have contact with my daughter when he gets out, the girl’s father said. Avery was ordered to have no contact with the victim after his release from prison.

Avery’s attorney, Ronnie May, said Avery planned to return to Montana after his release and had no intention of contacting the victim.

Both Sullivan and May said the correctional officer who was the victim in Avery’s other case had also agreed to the plea bargain agreement.

Judge Bartheld then spoke with the young girl’s father. I will not allow this if you are not comfortable with it, Bartheld said. “Do you think this is what’s best for your daughter?” Bartheld asked. “Yes I do sir,” he answered.

 Avery was ordered to register as a sexual offender upon his release from prison.

Contact Rachel Petersen at rpetersen@mcalesternews.com.

For more on this story, see the print or electronic editions of the McAlester News-Capital. Click here for print edition home delivery or click here to see the Smart Edition for your computer, tablet, e-reader or smart phone.

1
Text Only | Photo Reprints
Local News
  • HolyWeek4Wed 1.jpg Gospel: 'The Good News' heard at Holy Week Breakfast

    Steve Glazier presented a pair testimonies of individuals who went on to have a significant impact on others  — a bank robber and a hony-tonk songwriter — when he spoke at the second gathering of this year’s Men’s Holy Week Breakfasts.

    April 15, 2014 2 Photos

  • Dogwood Decorations All ladies welcome to luncheon

    The 42nd annual Women’s Holy Week Salad Luncheon is Thursday. The Thursday before Easter is commonly called Maundy Thursday by most Christians.

    April 15, 2014 2 Photos 2 Stories

  • Still no filings for Ward 4 city council seat

    What if they called an election and nobody came —no candidates, that is.
    That’s the way things were shaping up late Tuesday afternoon for the vacant Ward 4 seat on the McAlester City Council.

    April 15, 2014

  • Square logo.jpg The McAlester Public Library offering free Computer Skills Workshop

    The McAlester Public Library will offer a free Computer Skills Workshop from April 16 to 18.
    The hands-on workshop will be taught by computer technician Anthony Smart and each participant will have a computer to work with.  The class will be held from 2:30 until 4 p.m. each day and is limited to 10 students.

    April 15, 2014 1 Photo

  • Siren testing set for Wednesday, weather permitting

    Storm sirens are set for testing Wednesday in McAlester as well as a number of other Pittsburg County communities.
    “We will be testing from 9 a.m. until 11 a.m., weather permitting,” said Lois Lupardus, assistant director of the McAlester/Pittsburg County Office of Emergency Management.

    April 15, 2014

  • 4-15-BREAKFAST-1.jpg Men's Holy Week Breakfasts begin

    Tom Curtis spoke about the impact of several days of Holy Week during Monday’s opening session of this year’s Holy Week Breakfasts, held at the First Christian Church in McAlester.

    April 14, 2014 2 Photos

  • Square logo.jpg The McAlester Public Library offering free Computer Skills Workshop

    The McAlester Public Library will offer a free Computer Skills Workshop from April 16 to 18.
    The hands-on workshop will be taught by computer technician Anthony Smart and each participant will have a computer to work with.  The class will be held from 2:30 until 4 p.m. each day and is limited to 10 students.

    April 14, 2014 1 Photo

  • Filing period opens for Ward 4 McAlester City Council seat

    Take the Ward 4 McAlester City Council seat — please.
    That’s the wish of several McAlester city officials, who are trying for the second time to get someone to file as a candidate as the Ward 4 McAlester city councilor.

    April 14, 2014

  • Vehicle Accident Bridge Accident

    April 14, 2014 1 Photo

  • LIBRARY.png AT THE LIBRARY

    April 14, 2014 1 Photo

Seasonal Content
AP Video
NDN Video
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.