Victim testimony leads to extra charge in rape case

Police initially charged Chase Newberry, 24, of Manhattan with one count of rape and two counts of aggravated criminal sodomy from a March 2022 evening. When the woman said Newberry forcefully shoved his finger in her rectum, Larchick granted the prosecution the request.

The Mercury doesn’t identify victims of sexual assault.

“She testified multiple times throughout the course of the sexual acts that she did not consent to any of them other than the initial kissing,” Blackburn said in his closing arguments for the additional charge. “She also testified the fact that she was overcome by fear. She was put in a place where she felt like she had to comply.”

The defense argued that the woman’s testimony consisted of being overcome by fear because of the direct questioning from Blackburn. However, Newberry’s public defender said the consistencies stop when she said Newberry slapped his dog and “slammed” the woman against his bedroom door by her neck.

Newberry’s attorney did not think the additional charge should be granted because it would mean the court views the woman’s statement as “fact.”

“After considering all the evidence presented, I do find probable cause with reasonable inferences drawn from the presented evidence,” Larchick said about the first three charges. “I do find probable cause that the defendant committed an additional felony as the witness specified the digital penetration as she described.”

Newberry’s arraignment is Sept. 18 in before Judge John Bosch.