Thursday, November 7th 2024, 10:38 pm
The Oklahoma Court of Criminal Appeals (OCCA) upheld the conviction of a rideshare driver, Timothy Alexander Greene, who was sentenced to 10 years in prison for sexually assaulting a passenger. Greene was convicted by a Logan County jury last year, and on Thursday, the appellate court affirmed that decision.
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Greene's charges stem from a May 2021 incident when the victim, after drinking at a bar, called for a rideshare home. According to court records, Greene was her assigned driver, but she never arrived home. Concerned, the victim’s husband pinged her phone to a neighborhood near Waterloo Road and Westminster. Records show when the husband arrived at the location, Greene drove off. The husband tracked her phone a second time and Greene once again got away, this time tossing the victim's phone from the car.
The next day, a family found the victim disoriented and sleeping in their car. She later told investigators she awoke at a stranger’s home and discovered her underwear in her purse. She agreed to a sexual assault examination, which was conducted at Stillwater Medical Center.
Greene, who faced multiple charges including first-degree rape, kidnapping, and grand larceny, was ultimately found guilty of sexual battery in 2023. The jury acquitted him on the other charges but recommended a decade-long prison sentence. District Judge Louis A. Duel also imposed five years of post-release supervision.
In his appeal, Greene argued that his trial was unfair, citing issues with jury instructions. His attorneys claimed the court should have instructed the jury on how to handle alleged inconsistencies in witness statements and informed them of the post-release supervision requirement. However, the appeals court found that the jury instructions were sufficient.
Greene also argued that his sentence was excessive and asked the appellate court to consider a partial suspension. His attorneys suggested that courthouse policies discourage suspending any portion of his sentence because he went to trial rather than taking a plea. The appellate judges clarified that the decision to deny suspension was based on the specifics of Greene’s case rather than any blanket policy against suspensions for trial cases.
While acknowledging that the jury wasn’t informed of Greene’s post-release supervision, the appeals court noted this wouldn’t have likely changed the outcome. Given the nature of the crime, they said, it was unlikely the jury would have recommended a shorter sentence even if they’d known about the supervision.
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