The McShane Firm, LLC - Law Offices

Trial Starts For Man Charged In Rape

The Herald Mail

Thursday May 13, 2004

By Jaime North

Staff Writer

Testimony from a prior rape victim highlighted the prosecutions case Wednesday in the jury trial of a Harrisburg man charged with the attempted rape of a local woman.

Judge Carol L. Van Horn said she anticipates the case against Douglas P. Wingert will go to the jury today.

Wingert, 39, faces five charges stemming from an alleged sexual assault of a 21-year-old woman at knifepoint on May 22, 2003, at the Antrim Mennonite School, 414 Zarger Road in Antrim Township.

Wingert is facing charges of criminal Wingert attempted rape, indecent assault, terroristic threats, unlawful restraint and simple assault.

“My closing argument will show that my client did not have the firm intent to rape in this case, and it’s not supported from any of the witnesses, instances or testimony made today,” said Defense Attorney Justin McShane.

Wednesday’s testimony came from the victim, one witness, two investigating state police officers and testimony from a Harrisburg woman who was raped by Wingert in 1985. In that case, Wingert pleaded guilty to one count of rape and two counts of individual deviate sexual intercourse and served 17 years in a state correctional facility.

The 1985 victim, who was crying and visibly uncomfortable on the stand, testified that Wingert raped her at knifepoint in a wooded area in May 1985 after the two left her friend’s house. The woman was 14 years old at the time.

McShane’s cross-examination centered on the fact that Wingert made verbal commands to that victim and displayed obvious intent in the 1985 incident, something McShane argued that Wingert did not do on May 22, 2003.

According to police reports, Wingert went to the school in search of directions to Keystone Ford, 301 S. Antrim Way, Greencastle, around 5:30 p.m.

The woman, who was carrying items to her car, allowed Wingert to use the phone inside the school, police said. As she continued to load her car, Winged grabbed her when she came back inside and put a carpenter’s knife to her throat, according to police reports.

Wingert led the victim into a neighboring classroom and sexually assaulted her, according to police. The victim was able to break free and run outside the room before Winged tackled her, police said.

“The carpeting had scuff marks in the area where she said she was pinned to the floor,” said Pennsylvania State Trooper Joseph Davidson during testimony. “I felt it was indicative to her allegations.”

As Winged attempted to bind the woman’s hands, she broke free and ran out the door into a neighboring field, according to police. Winged then fled in his delivery truck in the opposite direction, police said.

The woman was picked up by Michelle Masters and her husband as they were driving with their children to a T-ball game along Zarger Road. They took the woman to a neighboring home, where she called her parents.

The woman told police the man who assaulted her was driving a white, boxshaped delivery truck with a business label that was from New Jersey.

Police learned that Keystone Ford receives daily shipments from two companies out of New Jersey when they asked a pads manager, according to Davidson. Police visited Keystone Ford on May 27, 2003, and waited for a delivery truck, Trooper Daren Hockenberry said during testimony. Police made contact with Wingert, who initially denied any involvement but later changed his story, according to Hockenberry.

“He seemed very nervous and kept asking me what I was doing,” Hockenberry said. Wingert was placed in the area of the school through his delivery log book police received from his supervisor with Paul MacHenry & Co., Moorestown, N.J., Hockenberry said.

The woman positively identified Wingert from a photo line-up and identified the truck he was driving from a Polaroid photo of the delivery truck Hockenberry took during his meeting with Winged at Keystone Ford.

“Once the troopers learned of my client’s past record, they developed an unjust conclusion on him,’ McShane said.

Police arrested Wingert on June 11 while he was making a delivery at Keystone Ford.

After Van Horn released the jury, McShane asked the judge to reverse a preliminary hearing decision to exclude potential testimony from Wingert’s girlfriend and allow her to take the stand Thursday.

The judge listened to roughly two minutes of closed-door testimony from Wingert’s girlfriend on the couple’s sexual relations.

McShane said the testimony proved evidence that Wingert showed no intention to have intercourse with the victim. Assistant District Attorney Nancy Meyers argued that the testimony only proved evidence for consensual intercourse, not nonconsensual intercourse.

“We would be comparing apples to oranges here,” Meyers said. “We’re talking about two different things. Rape is not consensual.”

Van Horn denied McShane’s request.

Wingert has been held at the Franklin County Prison in lieu of $100,000 since June 11.

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