A judge on Monday delayed a preliminary hearing for a boy and a man accused of sexually assaulting a girl with Down syndrome, but not before accusing a third co-defendant of lying on the stand.
The hearing was continued until July 23 for Kody Matthew Koonce, 17, and Rusty Begay, 20, of Choctaw, who are accused of assaulting the girl Feb. 12 at a Choctaw residence.
Koonce is charged with rape and forcible oral sodomy, and Begay is charged with permitting sexual abuse to occur and forcible oral sodomy, according to court records.
A third co-defendant, Cody Gene McGee, 17, of Jones, was charged with rape and forcible oral sodomy. He pleaded guilty in May as part of a deal with prosecutors and testified Monday against the other two defendants.
Oklahoma County Special Judge Larry A. Jones removed McGee from the courtroom for giving testimony he found to be “unbelievable,” attorneys said.
The judge said he would not consider the teen's testimony when deciding whether there is enough probable cause to order Koonce and Begay to face trial.
The victim, a special education student, has the mental capacity of a 5- or 6-year-old, court records show. She did not take the stand Monday but is expected to testify.
Prosecutors allege Begay was present when Koonce, McGee and a younger boy raped the victim, and when those three and a fourth boy performed oral sex on her.
Begay also is accused of performing oral sex on one of the boys, who was 14 at the time.