After a two day jury trial, a Centre County jury found Kyle Swindell, 23, of Bedford, guilty of two counts of Sexual Assault, (F2), one count of Aggravated Indecent Assault Without Consent (F2), one count of Indecent Assault Without Consent (M2), and one count of Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors (M3). He was found not guilty of three counts of Rape-Forcible Compulsion (F1), two counts of Involuntary Deviate Sexual Intercourse-Forcible Compulsion (F1), one count of Sexual Assault (F2), one count of Aggravated Indecent Assault-Forcible Compulsion (F2), one count of Indecent Assault Forcible Compulsion (M1), one count of Unlawful Restraint (M1), and one count of Simple Assault (M1). The Honorable Thomas K. Kistler, presided over the trial.
On April 8, 2016, the victim attended a party at the Defendant’s twin brother’s apartment. Alcohol and fireball whiskey and hard liquor were served. During the evening, the Defendant locked the victim in his twin brother’s bedroom and started kissing the victim and sexually assaulted her. The victim told him, “no.” To keep her quiet, the Defendant shoved his fingers down her throat. The Defendant assaulted her various different ways as the victim resisted. The Defendant kept choking her and putting his fingers in her throat to stop her from yelling out.
The sexual assaults came to an abrupt end when the Defendant’s twin brother was able to force the bedroom door open with a screwdriver. The other persons present described the victim as “’in shock,” and “obviously upset” as she exited the room after the sexual assault. The victim immediately reported to her close friend that she had been raped.
In the morning, the Defendant was overhead saying, “I remember her saying ‘no’, but then blacked out.”
The victim reported to police and appropriate charges were filed. The victim submitted to a rape kit and she had evidence of bruising on her arm, legs, inside of her thighs, a bite on her nipple and a tear on her anus.
After deliberating for almost 5 hours, the jury returned their verdict. Sentencing is scheduled for November 20, 2017.
Stacy Parks Miller said, “The victim knew this Defendant for only 7 hours before he sexually assaulted her, leaving bruises and affecting her life forever. The Commonwealth commends her for her bravery in reporting and will seek an appropriately lengthy sentence for such a cowardly act.”