A 13-year-old girl testified Tuesday a Fayette County man tried to sexually assault her after she was given drinks laced with alcohol and sleeping pills.
DeWayne Calloway, 40, of Uniontown, was held for trial on 20 criminal charges that include attempted rape of an unconscious person, attempted involuntary deviate sexual intercourse of a substantially impaired person, indecent assault and conspiracy after a preliminary hearing yesterday before Senior District Judge Michael Rubish.
Calloway and Shana Brown, 32, of Uniontown, are accused of conspiring to get the girl pregnant so Brown could raise the baby.
Brown yesterday waived her right to a preliminary hearing on 13 charges that include unauthorized administration of an intoxicant, conspiracy to commit rape of an unconscious person, endangering the welfare of children and corruption of minors.
Uniontown police filed the charges in March after one of the girl's relatives reported the alleged incidents.
The teenager testified Brown asked the girl in November to have sex with Calloway so he could impregnate her. Brown, according to the teen, was in a relationship with Calloway and could not have children.
"I told her no," the teen testified. "She told me she couldn't be happy, that everybody else was having babies, and she couldn't. I told her that was her problem because she had her tubes tied."
The teen said Calloway tried to sexually assault her three times during the next five months. Brown spiked her drinks on two of those occasions, the girl testified, using rum first and then over-the-counter sleeping pills.
In two of the incidents, the teen said she fought off Calloway. In the third, she testified, she awoke to find herself partially disrobed, with Calloway allegedly in another room.
The Tribune-Review does not identify victims in allegations of sexual assaults. Details of the case that would identify the girl are not being used.
Detective Donald Gmitter testified residue found on a pill crusher in a garbage bag behind Brown's house tested positive for diphenhydramine, which is the active ingredient in Unisom, a sleeping aid.
Gmitter said a drugstore receipt found in Brown's garbage indicated that Unisom tablets were purchased a day before the third incident.
Under cross-examination by Calloway's attorney, Jeffrey Proden of Uniontown, the teen acknowledged she disliked Calloway because he was "cocky" and dating Brown at the same time he was engaged to another woman.
"He's cocky and he's arrogant, and I don't deal with those types of people," the teen testified. "I was upset because he was playing (Brown), messing with (Brown)."
After the hearing, Proden said Calloway is innocent of the charges.
"Mr. Calloway adamantly denies any of these events occurred," Proden said. "These charges were a complete surprise to him."
Gmitter, who described the case as "disturbing," said the teen's account of the alleged incidents has been consistent, from her initial interview with police through her lengthy testimony yesterday.
Brown's attorney, Patrick McDaniel of Uniontown, could not be reached for comment after the hearing.
Brown and Calloway are being held in the Fayette County Prison in lieu of $100,000 bond for Brown and $150,000 bond for Calloway.
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