Greencastle man, 23, gets nine years in 2015 rape case

Friday, August 5, 2016

A 23-year-old Greencastle man received a nine-year sentence Thursday as a result of a plea agreement in a 2015 rape case.

Anthony Michael Lewis accepted an agreement in which he pleaded guilty as charged to rape, while the Putnam County Prosecutor's Office consented to capping any initial executed sentence at six years in prison.

Putnam Circuit Court Judge Matthew Headley Thursday ordered Lewis to serve 4-1/2 years (he must serve at least 75 percent of the time under the new Indiana code) in the Indiana Department of Correction (DOC) and 4-1/2 years on probation, including the first year of his probation on home detention.

Anthony M. Lewis

While awaiting DOC processing and assignment, Lewis was currently being held at the Putnam County Jail, where he was booked in shortly after 4 p.m. Thursday.

When Lewis gets out of prison, he also must register with the Indiana Sex Offender Registry.

Rape is a Level 3 felony, which carries a sentencing range of 3-16 years.

Prosecutor Timothy Bookwalter recommended that Lewis, who had no previous criminal record, receive 10 years in prison and do six years.

The victim was not in court Thursday but was "well aware and in complete agreement" with the plea agreement, the prosecutor said.

Lewis was accused of raping a 23-year-old Greencastle woman -- an acquaintance he said was like a sister to him -- at his residence southwest of the city after she had passed out following a long day of drinking and partying over the 2015 Memorial Day weekend. He was arrested last September after a four-month investigation.

According to the probable cause affidavit, the events of May 23, 2015 unfolded as Lewis and the victim were part of a large group of friends who had attended concert at the Indianapolis Motor Speedway. During the ride home, both of them reportedly passed out from intoxication, according to court records.

The victim's car was parked at the home near Limedale, and when they returned there, she reportedly entered the house alone with Lewis to use the bathroom and sober up before driving home.

The last thing she remembered, the victim told authorities, was sitting at the foot of the bed, petting a cat before laying her head back and either passing out or falling asleep.

According to court documents, she remembers waking up and finding her shirt and bra pulled up toward her neck and her shorts and panties both removed with Lewis standing over her, "taking advantage of me."

The victim told police she was "too far gone" and couldn't wake up enough to do anything about it, remembering she tried to reach for her cell phone but said her head was hurting so badly so couldn't even text anyone.

The Greencastle woman was so unconscious, authorities noted, that Lewis admitted actually redressing her before she awakened.

The victim said she waited for Lewis to leave the room before texting a couple of police officers she knows for help. One of them later transported her to Putnam County Hospital for a sexual assault examination.

Blood-alcohol testing done at the same time listed the victim's BAC at .069 percent (.08 percent is considered intoxicated under Indiana law) four hours after the event and a reported six hours since her last alcoholic beverage.

Lewis did not deny having sex with the victim, noting he "had so much to drink I wasn't thinking" when he laid down and started by rubbing her arm and trying to kiss her.

Admittedly, he got no response but reportedly kept pursuing his intentions anyway, assuming she was enjoying it too, he told authorities.

The victim also said she considered Lewis "like a brother" to her.

The rape charge fell under the "unaware portion" of the rape statute, Prosecutor Bookwalter noted, because the victim was passed out at the time.

A Putnam County rape charge is a rare occurrence, the prosecutor previously noted, adding that in his 12 years the Lewis case is the first rape charge filed in that timeframe.