One of two former Husker football players accused of raping a woman in a northwest Lincoln apartment last August had his case bound over to district court Wednesday following a preliminary hearing.
Judge Joseph Dalton said prosecutors demonstrated there was enough evidence against 20-year-old Katerian LeGrone to continue his case in Lancaster County District Court.
LeGrone is scheduled to be arraigned April 1 in the first-degree sexual assault case.
According to testimony during Wednesday's hearing, the 19-year-old woman told Lincoln Police Sgt. David Lopez she went to an apartment after meeting Andre Hunt, 20, and continuing a conversation with him on social media.
Hunt had asked the woman to have sex with him, Lopez said, to which she replied she "wasn't that type of girl," but went to his apartment anyway, believing they would not engage in sexual activity.
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Under questioning from Deputy Lancaster County Attorney Christopher Reid, Lopez said the woman described Hunt as forcing her into oral sex before later engaging in what she told investigators was nonconsensual sex.
During the sexual encounter, the woman told police Hunt attempted to obstruct her view as LeGrone entered the room and the two men switched places, with LeGrone also having unwanted sex with her.
Lopez said the woman felt pressured and intimidated into having sex with both men, leading her to not object, but under cross-examination from Mallory Hughes, LeGrone's attorney, the sergeant said the woman did not physically or verbally object at any point before or during the encounter.
Hughes also pointed out the woman requested Hunt retrieve a condom before they started having intercourse. Hunt complied, Lopez said.
"The one time during this encounter she speaks up about what she wants, she gets it?" Hughes asked.
"Yes," Lopez replied.
The woman reported the rape later that night at a Lincoln hospital, which launched a police investigation. Investigators spoke with LeGrone at the former Husker players' apartment, who told them Hunt was the only person who engaged in sex with the woman, Lopez said.
Hunt also told investigators he was the only person who engaged in sex with the woman.
A string of text messages between Hunt and LeGrone showed the two discussed needing to get their stories straight on whether LeGrone had engaged in sexual intercourse with the woman, police later learned.
LeGrone told Hunt the two should "stick to their stories," according to data collected from the two men's phones, Investigator Cameron Cleland testified.
But the next morning, LeGrone called and changed his story, Lopez said: "He reported that he lied and he had in fact engaged in physical sexual contact" with the woman.
LeGrone said Hunt told him the woman would be willing to have sex with both of them and that he asked her permission to join, to which he said she consented.
Cleland, who spoke with Hunt regarding the incident, said Wednesday that Hunt also changed his story, telling police LeGrone had come into the room and asked the two if he could join.
The woman told investigators she was not aware of any such conversation, however, and that LeGrone had not asked her permission.
Through a subpoena, Lincoln Police obtained a statement given by Hunt to University of Nebraska-Lincoln officials during a Title IX investigation that said LeGrone had not said anything before coming into the bedroom and engaging in sex with the woman, Cleland later testified.
On cross-examination, Hughes asked Cleland if the woman reported being physically or verbally threatened by LeGrone or Hunt, or had she physically or verbally resisted either of them.
She had not, Cleland said.
Nebraska law does not require affirmative consent before sexual contact, Hughes pointed out.
"People don't have to ask permission to have sex in order for it to be consensual, do they?" Hughes asked.
"Correct," Cleland replied.
After about an hour and a half of testimony from the two Lincoln Police officers, Dalton said prosecutors had proved there was probable cause to send the case to trial, however.
Hughes said she plans to appeal that decision before the district court.
An earlier probable cause hearing for Hunt in February will continue with more witness testimony Friday. A line of questioning about consent — or lack of it — was similar to that heard Wednesday.Â
Both Hunt and LeGrone have been out on bail and no longer live in Lincoln, where police arrested them Dec. 10 on the UNL student’s allegations. LeGrone was in court Wednesday.
The two players were suspended from the Nebraska football team indefinitely Aug. 26, a day after the incident.