MORGANTOWN — After about two hours of deliberating, a jury found Timmy Allan Crockett guilty of second-degree sexual assault Monday.
The 48-year-old was convicted of sexually assaulting a then 19-year-old WVU student at her apartment March 9, 2018. The Dominion Post does not typically name the victims of sexual crimes or alleged sexual crimes.
“From the bottom of my heart, my family’s hearts, on behalf my daughter, we are eternally grateful for justice,” the victim’s mother said after the trial. “And her voice was the volume for so many that are reserved and hesitant of being defaced. However, she stood in her integrity, she stood in her truth and I’m glad that she had a transparent heartbeat that the jury could evaluate and assess with integrity.”
Monongalia County Circuit Court Judge Phillip Gaujot presided over the three-day trial. Following Crockett’s conviction, Gaujot revoked his bond. Court security officers cuffed Crockett and led him from the courtroom.
After the trial, the victim’s mother thanked the jury and Gaujot. She also praised WVU for standing by her daughter during the process and said despite all that’s happened, her daughter still considers West Virginia a second home. The victim was not present Monday.
The prosecution and defense agreed the victim and a friend met Crockett downtown at a bar where they drank before moving on to another bar. Both sides agree the victim drove to her apartment at The Domain, with her friend.
“I told you at the start of the case this was a crime of opportunity,” Assistant Prosecuting Attorney GabrielleMucciola said in her closing argument.
Crockett testified that the victim’s friend, Joey Smith, sent him a Snapchat telling him the victim wanted him to come over. Mucciola called it convenient that the message asking him to come over was sent through an app that deletes messages. A text sent by Crockett to the victim telling her he was coming over went unanswered.
The victim was very sick and testified she was passed out when she was woken up by the intercourse. At first she wasn’t sure if it was Smith, who was in the room during the assault, or Crockett who assaulted her.
Second-degree sexual assault occurs when a person engages in intercourse with another person who is physically helpless.
“Consent is not being passed out asleep in your own bed in your own bedroom,” Mucciola said.
Crockett will be sentenced following a pre-sentence investigation. The penalty for second-degree is 10-20 years in prison.
The victim’s mother also praised Mucciola’s performance: “Prosecutor Gabrielle Mucciola was absolutely stellar. Her compelling advocacy for violence against women transcended volume for those traumatized in their silence. The Monongalia County justice system is blessed to have such a prosecutor.”
