OF JUDGMENT: 01/18/2017
FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT, SECOND
JUDICIAL DISTRICT HON. ALBERT B. SMITH III TRIAL JUDGE.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
ERIN ELIZABETH BRIGGS.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA MCCLINTON.
GRIFFIS, P.J., BARNES AND GREENLEE, JJ.
Owen Scarbrough challenges his conviction for one count of
fondling and two counts of sexual battery of his
On appeal, he alleges that: (1) the weight of the evidence
does not support his Count I and Count II guilty verdict; and
(2) the evidence is insufficient to show that he held a
position of trust or authority over his step-granddaughter
for his Count III guilty verdict.
AND PROCEDURAL HISTORY
Seventeen-year-old Mary packed her suitcase to visit her
grandmother and step- grandfather-Dorothy and Owen
Scarbrough-in Shelby, Mississippi. As she packed, she quietly
handed her father a note. It read:
I have something I need to tell. You may get upset but please
hear me out on this. Every time at grandma Dorothy's,
when no adult are around or everyone's sleep in the
house. Owen will tease, flirt and eventually takes off all my
clothes. And then, he will begin fingering and suck on my
[breast] to pleasure me. I really don't like this at all.
I'm afriad if I don't let him, he will do something
to harm. I know you taught me better but you never prepare me
to handle this like this. I don't know what to do. Can
you please help me?
Mary's alarmed mother contacted the sheriff's
department in Bolivar County, Mississippi. Mary then
described three incidents to the interviewing officer:
(1) when she was fourteen-years-old, Scarbrough brought her
to a shack in his backyard where he lifted up her bra ...