Sex charge reduced for Oakdale man

01/09/2013 2:50 PM

06/26/2013 2:30 PM

A 44-year-old Oakdale man accused of having sex with a 16-year-old girl pleaded not guilty in Stanislaus Superior Court on Wednesday.

Timothy Lyman is accused of unlawful sexual intercourse with a minor and oral copulation of a person younger than 18.

The first charge filed by the district attorney's office is a lesser crime than rape, the original booking by Oakdale police Monday.

"As in every case, we review the police report and any other evidence we have, and we charge according to what we can prove beyond a reasonable doubt," said Assistant District Attorney Carol Shipley.

Lyman is suspected of having sex with the girl when she apparently fell asleep after a party at his home in the 1100 block of H Street on Dec. 27, said Oakdale police Sgt. Brian Shimmel.

Shimmel said Wednesday that Lyman furnished alcohol to a small group of minors. He said all were asleep in the house when Lyman entered the room the girl was in and started having sex with her.

Shimmel didn't provide details about what happened next, but said that the sexual act stopped when the girl woke up.

In court Monday, Lyman wore an orange and white striped jumpsuit, which is the jail clothing worn by protective custody inmates.

He sat in the jury box with other inmates, searching the audience presumably for signs of anyone he knew.

When asked by Judge Susan Siefkin whether he had an attorney, Lyman said he wanted to hire one, but "I haven't been able to get a hold of my family."

Siefkin assigned him a public defender until he could contact his family to retain an attorney.

The judge raised his bail to $200,000 and scheduled him for a bail review hearing Friday.

Each charge Lyman faces, if they remain felonies, comes with a maximum penalty of three years in jail or prison. A conviction for the first charge of unlawful sexual intercourse can be served in county jail while an oral copulation charge requires time in state prison, Shipley said.

Police said Lyman is the girl's coach for a traveling soccer team.

Lyman is not a coach for Oakdale High School or the Oakdale Youth Soccer League, according to representatives for both.

Youth soccer league president Jo Harris did say Lyman's teenage daughter played on a team with the alleged victim, but said that Lyman has never worked for the organization.

Lyman will be back in court Friday at 8:30 a.m. in Department 3 before Judge Marie Silveira. He has a preliminary hearing scheduled for Tuesday.

Bee staff writer Erin Tracy can be reached at etracy@modbee.com or (209) 578-2366. Follow her on Twitter, @ModestoBeeCrime.

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