Judge orders trial for Oakdale soccer coach accused of sex with minor
A judge on Monday said a 45-year-old Oakdale soccer coach must stand trial accused of having sex with a 16-year-old girl after she fell asleep during a party at his home, where he provided alcohol to minors.
Timothy Lyman is charged with unlawful sexual intercourse with a minor, unlawful sexual intercourse with an unconscious person and oral copulation of a minor. The defendant also must stand trial charged with misdemeanor contributing to the delinquency of a minor.
The alleged victim is identified as “Jane Doe” in a criminal complaint filed with the court in January, a few days after Lyman was arrested.
Testimony in Lyman’s preliminary hearing concluded July 30. The judge said she considered all the circumstances that led to the incident, reviewed a transcript of the hearing and considered the witnesses’ demeanor when they testified.
Judge Marie Silveira said in court that this apparently started as a typical holiday party at Lyman’s home, but the party “turned into a very troubled event.”
Oakdale police investigators have said that Lyman had sex with the girl Dec. 27 at the party at his home in the 1100 block of H Street in Oakdale. Lyman was the girl’s soccer coach.
The judge said the testimony indicated that Lyman furnished the alcohol at the party, but some of the underage partygoers also drank alcohol prior to arriving at the defendant’s home. She also said the minors were drinking cocktails, some with vodka and some with rum, and they were also drinking shots at one point.
Lyman was the only adult at the party.
The girl testified that she had consensual sex with a boy and stayed in the bed thereafter, according to the judge. The girl testified that she fell asleep on the bed, but she also testified that she passed out. The judge said what the girl did before the alleged crimes does not mean a crime was not committed.
Deputy District Attorney Annette Rees, who is prosecuting the case, argued that the girl was intoxicated when she fell asleep on the bed.
The girl testified that she awoke to find Lyman having sex with her, according to the judge, and the girl was awake and in a state of shock as Lyman performed oral sex on her.
Silveira scheduled Lyman to return to court Oct. 7 for an arraignment hearing. The defendant remains free on bail as he awaits trial.
This story was originally published September 23, 2013 at 10:41 PM with the headline "Judge orders trial for Oakdale soccer coach accused of sex with minor ."