The Woodward News

March 9, 2013

Woman to face trial

Rowynn Ricks
Woodward News

Woodward, Okla. — A Woodward woman has been bound over for trial in the alleged rape of a then 17-year-old girl in Dec. 2011.

Brandi Lynne Troutner, 37, appeared in court Friday for a preliminary hearing in the case in which she is charged with one felony count of rape by instrumentation.

During the hearing, the state called 2 witnesses in its efforts to try to show there was probable cause to hold Troutner for a trial.  

The state's first witness was the alleged rape victim herself, who is now 18-years-old.

Through questioning by Assistant District Attorney Susan Meinders, the teen described the events that occurred on the day of the alleged rape.

The teen said that she had gotten a call from her uncle, Gary Gene Allen, Jr. and his girlfriend at the time Brandi Troutner, asking if she wanted "to come hang out that day."  (Troutner and Allen have since gotten married, according to court records showing a marriage license obtained in April 2012.)

Not having a vehicle, the teen said Troutner and Allen came to pick her up to take her to the travel trailer where they lived in the Country Aire Trailer Park south of Woodward.

At first the nervous teen said she didn't recall the events of the day, but after reviewing a written report she made to law enforcement she started to recall what happened after arriving at the trailer.

The teen testified that she was thirsty and someone provided her with a drink in a 44 ounce cup that had soda in it, but also that "tasted like alcohol."

After drinking the entire drink, the girl said she began to feel intoxicated, describing it as "getting dizzy and the room was spinning."  So she said she went to lay down in the trailer's bedroom.

She then testified that she fell asleep for a while, waking up some time later to being allegedly sexually assaulted by Troutner, with Allen allegedly filming it.  She said she asked them both to stop and eventually was taken home by her uncle.

The teen testified that she reported the incident to law enforcement the next day.



TEEN, UNDERSHERIFF TESTIFY ABOUT TEXT MESSAGES

After making the report to law enforcement, the teen said she began receiving text messages from Troutner.  Meinders presented the teen with photographs of her phone which showed the texts she had received and asked her about the messages.

The teen read the messages in which she said Troutner allegedly made statements including "they don't believe you,"  "it's just another one of your made up stories," "it's your word against ours," and "we will win."

The Assistant District Attorney then called Woodward County Undersheriff Kevin Mitchell as her second witness.

Mitchell testified as having taken the teen's statement about the alleged sexual assault.  He said that during his interview of the victim, the teen told him about the messages she had received.

Mitchell said he then obtained a search warrant for the trailer where Troutner and Allen were living.  

In serving the warrant, the undersheriff said that he and several other deputies discovered and seized a variety of items, including several cell phones and cameras.

He then obtained a second warrant in order to search the content of 2 of the seized cell phones, which he said he sent to the Oklahoma State Bureau of Investigation for additional analysis.

"The analysis of the phone showed messages that were sent and received (by Troutner)," Mitchell said.

Meinders asked whether the messages from Troutner's phone corresponded to what the teen had told him she had received from Troutner.  Mitchell responded that the messages did match.



JUDGE RULES CASE WILL PROCEED

Following Mitchell's brief testimony, Troutner's defense attorney Dustin Phillips, of Oklahoma City, made a "general demurrer" motion to try to keep the case from proceeding.  

However, Associate District Judge Don Work denied the motion saying, "I find that probable cause was presented to believe that the crime of rape by instrumentation did occur in Woodward County and that the defendant committed that crime."

The judge continued, "I rule that she should be held to answer that charge at an arraignment in district court."

Troutner's arraignment was then scheduled for April 18 at 10:30 a.m. before District Judge Ray Dean Linder.

Judge Work said that Troutner's bond will continue.  She is out on a $25,000 bond.



ALLEN ALSO FACING CHARGES

The 36-year-old Allen is also facing a felony charge of rape by instrumentation, for allegedly aiding and abetting Troutner while she allegedly sexually assaulted the unconscious teen.

The judge ruled to bind him over for a trial following a preliminary hearing in July 2012.

His case had been scheduled to go to jury trial in February 2013, but was continued until Sept. 3, 2013 in order to allow for his and Troutner's cases to be tried at the same time and heard by the same jury, according to court records.

He also remains out on a separate $25,000 bond.