Published: May 09, 2008 12:35 pm      

Man found guilty of rape

Ada — Pontotoc County District Judge Tom Landrith found a Fitzhugh man guilty of second -degree rape by instrumentation Thursday.

Charles Eugene “Gene” Decker, 58, was convicted at the end of the non-jury trial. Decker was arrested in April 2007 by Undersheriff Joe Glover after the victim told deputies he had raped her while she was asleep.

The victim took the stand and said she awoke to find Decker touching her below the waist. She said she and her boyfriend lived in a makeshift apartment on Decker’s property doing odd jobs for him.

The night of the incident, the victim, her boyfriend, Decker and his girlfriend had all been drinking. After the victim and her boyfriend went to sleep the incident occurred, she said. She woke her boyfriend and told him what was going on. At this time, she said she could hear Decker leaving and saying, “I’m sorry. I’m sorry. It won't happen again.”

While Decker’s attorney questioned the character and truthfulness of the victim and her boyfriend, Assistant District Attorney Jim Tillison said the facts would show she was telling the truth and her character was not a factor.

Decker insisted on testifying on his own behalf admitted he had been drinking and said he blacked-out and didn’t remember anything until he heard the victim yell her boyfriend's name. He said he “snapped to” and realized he was in the wrong place.

“I didn’t rape that little girl,” Decker said.

Landrith will do a pre-sentence investigation before Decker is sentenced June 3 at 11:30 a.m.