Defense attorneys: Bixby teens charged with rape were just ‘roughhousing’

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BIXBY, Okla. – After four Bixby teenagers were charged with second-degree rape by instrumentation, their attorneys held a news conference to question the motive behind the investigation and the charges.

The investigation started last year when a teenage boy came forward to claim that he had been assaulted by his teammates at a football function.

According to an affidavit obtained by the Tulsa World, the victim claims he was held down by his teammates and was sodomized with a pool stick.

The victim said he was “unable to see everything going on during the assault” but heard one of his attackers say, “The deeper it goes, the louder he screams.”

Following an investigation into the allegations by multiple law enforcement agencies, four former football players at Bixby High School were charged with second-degree rape by instrumentation.

On Friday afternoon, attorneys for the alleged suspects held a news conference to speak out against those charges.

Clark Brewster, an attorney for one of the teens, says the alleged crime was simply “roughhousing among boys” that was reciprocal in nature.

“There is no victim,” Brewster said, alleging that the accuser had also taken part in similar activities in the past.

When questioned about the use of a pool stick involved in ‘roughhousing,’ Brewster said that he did not agree with the claims that were made in the affidavit.

Brett Swab, an attorney for another one of the teens, claims that prosecutors didn’t take into account all of the evidence in the case.

“From the beginning of this investigation, we thought clearer heads would prevail,” Swab said.

Attorney Paul Demuro says the investigation has been plagued with problems from the beginning.

Demuro claims that there is a ‘serious conflict of interest’ regarding the prosecutors in the case and the victim’s family. He also claimed that investigators tried to “inflame” the public by releasing detailed affidavits in the case.

He also spoke out in support of former Bixby Superintendent Kyle Wood.

According to the affidavit, investigators said they were also looking into the ‘possibility of a cover-up’ in reporting the assault

“Those present indicated Superintendent Kyle Wood would not allow school officials to report the incident to the police until the morning of Nov. 2,” one affidavit stated.

However, Demuro says that the reporting statute doesn’t apply to this case.

“There was no cover-up. The allegation is absurd,” he said.

A written statement from the attorneys reads as follows:

“Four boys, ages 16-17, have been charged with rape that could lead to lengthy adult prison sentences. The boys and their families have fully cooperated and have been completely transparent. The clear and consistent statements of all persons with knowledge confirm that this was not a sexual assault, but was part of a prankish, roughhousing culture on the football team. The charges ignored this truth. The State also disregarded that the accuser had engaged in similar roughhousing conduct that is now alleged as criminal. The accuser was not charged. The families and the boys are devastated by this action. They will aggressively defend and respond with the truth.”

All of the teens have bonded out of jail. Their arraignment is set for 9 a.m. on March 8.

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