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People v. Wilson

12/3/2002

UNPUBLISHED


A jury convicted defendant Seth Mitchell Ulyssess Wilson of first-degree criminal sexual conduct (CSC I). The trial court sentenced Wilson to eight to twenty-five years in prison. Wilson appeals as of right. We affirm.


I. Basic Facts And Procedural History


Angela Smith, Wilson's co-worker and the complainant's cousin, invited Wilson to her birthday party on January 8, 2000. Wilson arrived at the party around 11:30 p.m., where he and the complainant met for the first time. The complainant played cards and danced at the party, but did not drink. Wilson also played cards at the party, but drank and smoked marijuana. According to Wilson, after he had an initial conversation with the complainant, she asked him what he was doing after the party and if she could go home with him, saying, "when you guys get ready to go, make sure you don't forget me." Other partygoers, such as Lionnell Scott and John Townsend, observed Wilson and the complainant interacting, and thought that they were getting along well.


Later that night, the complainant left the party with Wilson and two of his friends. Scott was driving and Willie Garrett was in the passenger seat, with Wilson and the complainant sitting in the back seat. Scott dropped off Garrett and also made a stop at a party store. Scott reportedly asked Wilson if he needed a condom. When Wilson said yes, Scott allegedly gave Wilson a condom from the glove box. The complainant, however, later claimed not to have heard this conversation between Scott and Wilson.


After arriving at Wilson's home, the complainant said, she and Wilson eventually went upstairs, where they turned on the stereo and the television. According to the complainant, she and Wilson were looking at magazines and talking when Wilson started touching her. She told him to stop, but claimed that he then "went up under my shirt and unbuckled my bra, and I told him we couldn't have sex, I just met him." Wilson seemed to accept her refusal, so she went into the bathroom to fasten her bra. When she came out of the bathroom, the complainant said, she asked Wilson if she could call a cab, but he told her that he did not have a telephone and he could not give her a ride home, so she went into the bathroom a second time. Wilson then followed the complainant into the bathroom, grabbed her by her hair, hit her head against the toilet, and then dragged her into the hallway, where he continued hitting her on her face and neck. The complainant claimed that, while she and Wilson were in the hallway, he pulled down her pants, lifted her legs over his shoulders, and then inserted his penis into her vagina. The complainant recalled that Wilson's father came out of his room and pulled Wilson off of her, so she was able to stand and pull up her pants. However, Wilson pushed the complainant down the stairs and yelled at her as she was leaving his house, "you tell anything - tell anybody about this, I'm going to kill you. If I see you around the hood, I'm going to kill you."


When the complainant left Wilson's home, she went house-to-house seeking someone who would let her use a telephone. She finally found someone who would let her use the telephone four or five blocks away from Wilson's home. The complainant then called her cousin, Angela Smith, who picked her up and took her to Latoya Smith's house. The complainant explained what had happened and then went with Latoya Smith, who is the complainant's sister, and her boyfriend to find Wilson's house. When they were unable to locate the house, Latoya Smith and her boyfriend took the complainant to her mother's home. The complainant's mother then called the police.


Grand Rapids Police Off

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