During Wednesday’s preliminary hearing, Murray State employee Dustin Owen and his legal defense challenged the charge of custodial interference and sought bond reduction in his case.
At the hearing Murray State Police Sergeant Justine Swope, who arrested Owen after the incident on Oct. 19, testified about the arrest and Owen’s charges. Swope recounted much of the same information that was in Owen’s arrest citation, but provided more details on his conversation with the victim after Owen’s arrest.
According to Swope, the 16-year-old victim said she had felt pressured into sexual intercourse by Owen. The victim also said she had taken pills prior to being found with Owen, which prompted police to take her to the hospital. Swope did not explain what kind of pills she said she took, or if anything was found in her system at the hospital. Swope said the police are continuing to work with the victim on this case.
Owen’s legal defense did not contest the rape charges during the hearing, but called for dismissing the charge of custodial interference. Custodial interference refers to the act by which one takes or keeps someone from their legal custodian. The prosecution said that by keeping the victim from her family for the night, and ignoring previous warnings by police to contact law enforcement if she made contact with him again, Owen had interfered with custodial protections.
Owen’s lawyer challenged this, saying that the victim was not kept from her parents against her will and did not express feeling unable to leave Owen’s home. The defense also said because there was no communication by Owen prior to her coming to his house he can not be said to have taken or enticed her away from her legal custodian.
Calloway County District Judge Randall Hutchens, who presided over the hearing, agreed with the prosecution and decided to keep the charges of custodial interference. Hutchens also agreed to lower Owen’s bail to $10,000 after the defense said his current bail was too high for two Class D felonies.
Owen, a post-doctoral researcher for Murray State University, was arrested by Murray Police on charges of custodial interference and third-degree rape. According to the arrest citation, the arrest came after Owen admitted to having sexual intercourse with a minor at his home in Murray, following a separate incident with the same juvenile earlier this month.
A Murray State University spokesman did not comment on whether Owen’s employment has been affected by the arrest. Neither on his status as a professor despite evidence, saying it was a personel matter.
“We are aware of the situation involving a Murray State employee and are working through the institutional process,” a University statement read. “As this is a personnel matter, Murray State University has no further comment at this time.”
According to the police citation, Owen was arrested by Murray Police on Oct. 19 following a report of a missing juvenile being found with him at a location in Farmington, Kentucky.
The juvenile was described by police as a “habitual runaway” and someone who had a previous history with Owen.
On Oct. 1, the minor was found at Owen’s home in Murray. According to the citation, Owen admitted to having sexual intercourse with the underage girl. The officer on the case explained to Owen that she was only 16, and told him that if she made contact with him again to contact the police.
Murray State President Ron Patterson in an interview with the Murray State News, said Owen is on adminstrative leave without pay, and he intends to be transparent on the matter.
“I promised you that (as) part of my leadership, and we’re going to continue that through that vein of being honest and with integrity and leading the institution,” he said.
