The trial of an 18-year-old Powell man accused of raping a 16-year-old girl twice last year was delayed to March last week.
Nathan Michael James Deering, 18, of 10091 Juliana Circle, Powell, was scheduled to stand trial today on two counts of rape, which are first-degree felonies, and one charge of illegal use of a minor in nudity-oriented material or performance, a fifth-degree felony. However, his attorney, Lisa Tome, filed a court motion on Jan. 4, asking Delaware County Common Pleas Judge Everett Krueger for a continuance.
In her motion, Tome said that additional evidence was sent to her from prosecutors and she needed more time to review the new evidence before trial.
Krueger granted the motion on Friday and rescheduled the trial for March 22.
Deering has pleaded not guilty to the charges. His bond was set at $35,000 at his arraignment on Oct. 28.
At the arraignment, assistant county prosecuting attorney Cory Goe alleged that between Aug. 30 and Sept. 6, 2015, Deering was with a 16-year-old girl in his bedroom. Goe said Deering and the girl agreed to have sex but the girl asked Deering to promise to stop if she felt uncomfortable and he agreed. However, after they began having sex, the girl asked Deering to stop and he refused, Goe said.
The second rape charge stems from an incident that occurred between Sept. 6 and Oct. 9, 2015, on a school bus. Deering, then a senior in the Olentangy Local Schools, was riding the bus home with the same girl when he asked her to perform oral sex, Goe said. When the girl refused, Deering forced her to perform oral sex, Goe said.
The charge of illegal use of a minor in nudity-oriented material or performance stems from Deering possessing photos of the girl in a state of undress on his cellphone, Goe said.
Goe added that investigators have taken phones belonging to both Deering and the victim for analysis.
Delaware County sheriff’s deputies arrested Deering after receiving a call about the incidents.
Goe said Deering was convicted in 2014 on a charge of sexual imposition and was on probation when the latest offenses occurred.
The trial is expected to last two and a half days.
Deering was out on bail Monday.
Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.