McAlester News-Capital, McAlester, OK

Police/Courts

August 19, 2013

McAlester man goes to trial for lewd acts charges - case dismissed

McALESTER — A McAlester man went to trial last week in Pittsburg County District Court for four counts of lewd or indecent acts to a child younger than 16 years of age.

Danny Arten Ohoulahan, 23, was charged in the case on Aug. 14, 2012.

In the middle of the trial, the felony case against Ohoulahan was dismissed. The case was refiled as a misdemeanor charge of outraging public decency. On Aug. 14, Ohoulahan pleaded guilty in the misdemeanor case and judgment and sentencing were deferred for five years.

According to court records, Ohoulahan allegedly touched the private parts of four young boys in June of 2012. At the time, two of the boys were 10 years old and two were 11 years old, court records state. The boys and Ohoulahan had spent the day in June 2012 playing basketball and swimming in the lake, according to two of the boys’ testimony during the trial. They then went to Ohoulahan's house where they showered and played video games.

Two of the boys who testified Aug. 13 said that while they showered, Ohoulahan was in the bathroom with them. Both boys testified that Ohoulahan washed their backs while they were in the shower and then dried their entire bodies off with towels after they got out of the shower.

Ohoulahan’s lawyer, Brecken Wagner, said in his opening argument that Ohoulahan did in fact wash the boys’ backs and dry them off with a towel. However, he said, doing so was a “mechanical” act on Ohoulahan’s part and was in no way sexual in nature.

Both boys testified that when Ohoulahan dried them off with the towel, they told him no, but Ohoulahan said that it was ok, it would be faster that way. Both boys also testified that Ohoulahan said nothing sexual in nature to them and did not touch them at any other time, besides when he was washing their backs and drying them off with the towel.

The boys’ mother also testified Aug. 13. She said she confronted Ohoulahan about the incident. She testified that Ohoulahan did not deny washing or drying the boys. She also testified that Ohoulahan told her that the boys’ would have to get used to that if they wanted to go into the military.

District 18 Assistant District Attorney Chuck Sullivan prosecuted the case for the state.

McIntosh County Associate District Judge James Pratt presided over the trial.

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.

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