Continuously serving Kosciusko County since 1854
BY RUTH ANNE LIPKA, Times-Union Staff Writer
A jury couldn't decide on the guilt or innocence of Walter McKee after hearing testimony Tuesday and Wednesday in Kosciusko Superior Court I.
The eight-man, four-woman jury deliberated nearly 12 hours before returning to tell the court they could not reach a verdict.
McKee, 35, of Warsaw, is accused of forcing himself sexually onto a 16-year-old female in July 1997. He faced two counts of criminal deviant conduct and one count of sexual battery.
The teen-ager testified Tuesday that McKee told her to do as she was told or she might not wake up in the morning. She told the jury that she had no choice but to submit to McKee the night of the attack.
When McKee testified on his own behalf Wednesday morning, he denied any sexual contact with the teen-ager and said she approached him about smoking marijuana while the two of them talked the night of the alleged incident.
The state rested its case Tuesday evening and the defense presented McKee as its only witness Wednesday morning. The case was handed over to the jury at about 11:30 a.m. Wednesday, with jurors debating the facts presented them until nearly 11:30 p.m.
Chief Deputy Prosecutor Byron Tinkey, who presented the evidence on behalf of the state, was not available for comment this morning regarding whether the case will be retried at a future date.
Michael Miner represented McKee at the trial.
