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2 Greensburg men ordered to trial on charges of rape

Paul Peirce
| Thursday, March 22, 2018 10:00 p.m.
Levi Lee Evans and Benjamin Melvin Davis.
A 24-year-old Greensburg woman tearfully testified Thursday that she was raped by two men who provided her with marijuana that she believes was laced with other drugs Jan. 18.

“I've smoked marijuana before ... but I fell asleep here. I remember waking up and finding someone touching me .... I couldn't do anything about it ... I couldn't scream, I couldn't move or anything,” the woman told District Judge Chris Flanigan during a preliminary hearing.

Based on the testimony of that woman and a 22-year-old woman, who alleged one of the men also attempted to sexually assault her that night, Flanigan ordered Benjamin Melvin Davis and Levi Lee Evans, both 20, of Greensburg to stand trial on charges of rape of an unconscious victim, conspiracy and delivery and manufacture of a controlled substance.

Flanigan also ruled there was sufficient evidence for Davis to stand trial on charges of illegal possession of a firearm and receiving stolen property.

City Detective John Swank testified Davis possessed a .357 handgun that had been stolen in North Huntingdon when he was arrested last month.

Both women testified under questioning from Assistant District Attorney James Lazar that they lost consciousness at a city home after smoking marijuana and drinking soda with Davis and Evans.

“They (Davis and Evans) were both giggling at us as we smoked the marijuana,” the older victim said.

She told Flanigan she got dizzy, passed out and awoke to find the men having sex with her.

“I told Ben earlier I did not want to have sex. We were just going to smoke,” she said.

The second woman also testified she lost consciousness and awoke to hear her friend screaming, “Get off me.”

At one point, the second woman awoke and found Evans trying to have sex with her but she was able to fend him off, she said.

Electronic messages among the suspects and the accusers that were shared with investigators showed that the men asked the women not to report the incident to police, the women testified.

Evans told Swank that he believed the sex was consensual.

Both Davis and Evans pleaded not guilty prior to the start of the hearing.

Flanigan also rejected a request from Evans' attorney, public defender Donna McClelland, at the conclusion of the hearing to reduce her client's $100,000 bond.

Lazar argued against the request, noting the seriousness of the allegations.

“This is a tag-team rape here, where there is more than one witness,” Lazar said.

Flanigan concurred and rejected McClelland's request.

She remanded Evans to the county prison on $100,000 bond and Davis on $250,000 bond.

Paul Peirce is a Tribune-Review staff writer. Reach him at 724-850-2860, ppeirce@tribweb.com or via Twitter @ppeirce_trib.


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