CLEARFIELD – On Tuesday a man accused of raping a girl had a hearing.
Andrew Killian of Smoke Run faces the charges of rape; two counts of criminal attempt to commit involuntary sexual deviate intercourse; sexual assault; terroristic threats; two counts of indecent assault; and another count of indecent assault.
The alleged victim in the case, now 17, testified that the first incident occurred when she was 11-years-old. She said that overall two incidents occurred in State College. She said in the first incident, Killian put his hands down her pants and touched her vaginal area. She said that during the second incident Killian put his one hand down her pants and with the other he fondled one of her breasts.
She also testified to an incident that occurred in Smoke Run. According to the girl during the first incident Killian attempted to shove his penis in her mouth. She said she kept her mouth closed.
“I wouldn’t open my mouth,” she said.
She said that during another alleged incident Killian attempted to pull her pants down. She said that he licked the top of her vagina.
She testified that Killian then backhanded her. She indicated that while the shot stunned her, it did not cause bruising or bleeding.
She then testified to incidents that occurred in Houtzdale. The girl said that one night Killian put one hand down her pants and attempted to fondle her while he masturbated with the other hand. She stated that she was sure Killian ejaculated on the floor and that she remembered him cleaning it up with a sock.
She said that during that incident Killian put a hand over her mouth and threatened to be quiet or he would kill her.
She said that during the second incident Killian attempted to have sex with her. She said he had her pants down and began to penetrate her. She said she cried “Ow” and that he stopped. She testified that during this incident, he threatened to kill her.
Clearfield County District Attorney William A. Shaw Jr. asked her if she screamed for help.
“No,” she said. “I was too scared.”
She testified that after that incident she began to tell people.
Under cross-examination by Killian’s attorney, Ron Collins, that said she didn’t tell anyone because she was afraid.
“I was scared,” said the girl. “I got molested one day and beat the next.”
Tpr. Kim Ronan of the Pennsylvania State Police testified that the incidents were reported in November 2008. She said that Killian was interviewed and adamantly denied having any sexual contact with the girl. She said that Killian told her that the girl would come on to him. He reportedly told Ronan that the girl would watch him shower, and that he would tell her she was too young. He also reportedly told Ronan that the girl, apparently naked, jumped on him while he was in bed and he told her she was too young for that. Ronan also testified that Killian told the police that the girl used to cuddle with him, but said that this time Killian said he told her she was too old for that.
Collins asked Ronan why there was such a delay from when the incidents allegedly occurred to when they were reported. Ronan said the girl’s family was afraid of Killian.
“They spoke of fear,” said Ronan.
Magisterial District Judge James Hawkins bound all charges over to the Court of Common Pleas.
During a bail argument Shaw indicated that circumstances are significantly different than when bail was initially set. He said that if convicted, Killian is looking at a mandatory minimum of 20 years in prison. He said that due to Killian’s out-of-state job, he has the potential to avoid jurisdiction.
“This is serious business,” said Shaw.
Shaw also asked that there be no contact between Killian and the alleged victim or her family.
Hawkins indicated that was already a stipulation of bail, and asked if there had been any indications of violation.
Ronan said that in the lobby of the Clearfield County Jail, where preliminary hearings are held, Killian called the girl a skank. Killian and his supporters denied that claim. Killian and his supporters were active during the prelim. Killian could be seen and heard making comments during the girl’s testimony. Early in the hearing Hawkins warned two of Killian’s supporters from gesturing or making eye contact with the girl.
Collins objected to Shaw’s arguments, pointing to Killian’s need to work and his ties to the area.
“He has family ties here, and property,” said Collins. “He showed up here.”
Hawkins accepted Shaw’s argument and modified Killian’s bail, which was set at $10,000, to $50,000. He indicated that if Killian did not post on the remainder, there would be consequences.
“If he doesn’t post today, he’s going to be incarcerated,” said Hawkins.