(Stillwater, Okla.) — A Cushing man jailed on a two-count felony charge of allegedly providing vodka to two 13-year-olds, one of whom ended up being hospitalized, was ordered to appear in court today.    

Curtis Don Peters, 21, could be given a 10-year prison term and a $10,000 fine if convicted of both counts filed by Payne County First Assistant District Attorney Tyson Branyan, court records show.

     Cushing Police Sgt. Carson Watts wrote in an affidavit that at 11:23 p.m. on March 5, a woman called 911 about a non-responsive female lying in her yard in the 800 block of E. Cherry Street.    

A 13-year-old girl was lying in the front yard and wrapped in a blanket when officers arrived, the affidavit said.    

She was being cared for by the woman and a 13-year-old boy, the affidavit said.

The girl “had vomit on her face, her clothing was very wet, and she appeared to be shivering from the cold,” the affidavit said.    

The girl was transported by ambulance to the emergency room of the Cushing hospital for treatment, the affidavit said.    

The woman said that she had just arrived home from work when she saw the girl lying in the driveway, the affidavit said. She said when the boy saw her attempting to pull into her driveway, he picked up the girl and dragged her out of the driveway into the yard, the affidavit said.    

The woman said that she could tell that the girl was very cold, so she got a blanket from her house to wrap her and then called 911, the affidavit said.    

The boy said that he and the girl had decided to go walking around, the affidavit said. He said that the girl then wanted to come to the residence on E. Cherry Street “to see a guy by the name of Curtis,” the affidavit alleged.    

He said after they arrived there about 10 p.m., “Curtis” asked if either of them wanted something to drink, the affidavit alleged. The boy said he asked for a coke and the girl asked for vodka, the affidavit alleged.    

He said that “Curtis” got them the drinks and he saw the girl consume about half the bottle of vodka, the affidavit alleged. The boy said that between 10:30 and 10:45 p.m., he told the girl they needed to leave “because he did not want to get into trouble,” the affidavit alleged.     He said that the girl “was very intoxicated and when they got outside, she laid down in the driveway,” the affidavit alleged. He said he tried to get her to get up and walk home, but she said “I don’t care” and fell asleep, the affidavit alleged.    

When the girl was transported to the Cushing hospital’s emergency room, a registered nurse said that the girl “was extremely intoxicated and still unresponsive,” the affidavit said.     At the hospital the Cushing police sergeant noticed that the girl had “various writings on her stomach,” the affidavit said. 

   Three Cushing officers then went to the Cushing Village Apartments where they talked to Peters, the affidavit said.     Peters said that the two 13-year-olds had shown up, and that when he saw they were intoxicated, “he told them to leave because they were stumbling around and breaking things in his mother’s house,” the affidavit alleged.   

 Peters said he did not know how the girl got writings on her stomach, the affidavit said. Peters then changed his story by saying that the 13-year-old boy “began hitting on him,” but he kept turning him down, the affidavit alleged.   

 Peters claimed that the boy then told him if Peters allowed the boy to “mess with him,” he could then mess with the girl, the affidavit alleged.     Peters said he then told the 13-year-olds to leave, the affidavit said.    

When the officers went back to the Cushing emergency room, a registered nurse said that the girl was still unresponsive, the affidavit said.    

The nurse said when she tried to get a urine sample by catheter from the girl, she saw blood on the girl’s vaginal area, the affidavit said.    

The girl’s cell phone showed a text conversation in which Peters told the girl “she is beautiful and how he wants to hang out with her on this night,” the affidavit alleged. The girl agreed to meet Peters at the Cushing hospital, the affidavit alleged.    

When the Cushing police sergeant asked a nurse and emergency room physician about the possibility of the girl being sexually assaulted, “they both told me that it’s possible,” Watts wrote in his affidavit.     A sexual assault nurse examiner arrived to obtain swabs from the girl, which she packaged as well as her clothing for possible evidentiary purposes, the affidavit said.    

The following night, the officers went to the Cushing hospital where the girl had been admitted to talk to her about what had happened the previous night, the affidavit said.     The girl said that “she had been communicating with Curtis via text most of the day,” the affidavit alleged. She said that he said “he wanted to hang out with her, which she agreed to do,” the affidavit alleged.

    She said that she and the boy then walked to the hospital where they met Peters before walking to his mother’s residence on Cherry Street at about 9 p.m., the affidavit alleged.     She said they began watching a movie and then Peters offered them alcoholic drinks which they accepted, the affidavit alleged.     She said she thought she was drinking vanilla vodka, the affidavit alleged.

Asked if Peters did anything sexually to her, she said, “No, not that I remember,” the affidavit said.   

 Asked if they ever talked about anything sexually, she said no, the affidavit said. Asked “where the writing on her stomach had come from and she said it did not occur the night in question, but the night previous,” the affidavit said.    

When the officers then talked to the boy, he said that he and the girl had told his mother they were going to walk to a friend’s house, the affidavit alleged.    

The boy said they walked to the hospital where they met Peters, then walked to the house on E. Cherry Street where “Curtis offered them vodka to drink,” the affidavit alleged.    

The boy said that he and the girl “drank almost the entire bottle between the two of them,” the affidavit alleged.    

The boy said at about 11 p.m. he told the girl they needed to leave, but when they walked outside, “she began to vomit and fell in the driveway of the residence,” the affidavit alleged.    

The boy said said at some point, a car tried to pull into the driveway, so he pulled the girl out of the driveway and into the grass, the affidavit said.    

Asked if anything sexual occurred while they were at the house, he said no, the affidavit said. He said he was with the girl the entire time and never saw Peters try to do anything to the girl or him, the affidavit said.

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