By Ray King
A Pine Bluff man convicted of second-degree sexual assault in 2024 failed to convince the Arkansas Court of Appeals that there was insufficient evidence to prove the charge.
A Jefferson County Circuit Court jury found Tyrone Lever, 55, guilty of having sexual contact with his 11-year-old granddaughter in 2023 and he was sentenced to 10 years in prison by Circuit Judge Rob Wyatt.
During Lever’s jury trial in August 2024, the jury heard testimony from the victim who said her “papaw” had touched her, putting his hand up her shirt and touching her “ta-tas” and also touched the “split part of her private” by putting his hand down the waistband of her shorts touching her with his finger.
There was also testimony from Stacy Hubanks, a forensic examiner at the Children’s Advocacy Center for Southeast Arkansas and a State Police investigator who found no inconsistencies while investigating the incident.
After prosecutors finished presenting their case, attorney’s for Tate moved for a directed verdict, contending that there were inconsistencies in the testimony and that the testimony of the victim was unreliable.
Judge Wyatt denied the motion and Lever testified in his own defense, denying any sexual contact and claiming the victim was lying.
While Tate contended there was insufficient evidence to convict him, Appeals Court Judge Brandon Harrison disagreed, writing “it is well established that a sexual-assault victim’s testimony constitutes substantial evidence to sustain a conviction for sexual assault.”
He went on to write “the victim’s testimony need not be corroborated and the victim’s testimony alone describing the sexual contact is enough for a conviction.”
Lever is currently being held at the Jefferson County Jail waiting on prison bed space. He will be eligible to apply for parole in December 2027.
