MuskogeePhoenix.com, Muskogee, OK

October 27, 2012

Local man guilty of rape

Jury recommends 35 years for Darvain Brewer

By Wendy Burton
Phoenix Staff Writer

— A Muskogee man was found guilty of first-degree rape by a Wagoner County jury on Friday afternoon.

Darvain Dewayne Brewer, 22, was charged with first-degree rape by force or fear and domestic assault and battery against a pregnant woman in Wagoner County in October 2011.

Brewer’s first trial in June resulted in a conviction on the assault and battery charges and a sentence of four years and a $5,000 fine.

The case for first-degree rape was refiled, and Brewer’s jury trial began Monday.

On Friday, the case was sent to the jury for deliberations about noon. The jury came back with the guilty verdict about four hours later and recommended 35 years imprisonment.

Brewer’s sentencing is set for Dec. 12, said Assistant District Attorney Stephanie Milburn.

Brewer was accused of raping his pregnant girlfriend at her mother’s home in Wagoner in early October 2011.

The girlfriend, who was 15 weeks pregnant, alleged Brewer attacked her after an argument, raping her, striking her with an electrical cord and punching her.

He then told her not to tell anyone or “she would get it worse,” according to court documents.

The girlfriend reported the rape after her mother called deputies to a local hospital a couple of days after the rape.

Her injuries were documented, including multiple contusions all over her body, according to a sexual assault nurse examiner who performed an exam at the hospital.

During an interview with law enforcement, Brewer told officials the two had consensual sex, there was no argument and he was not mad at her that evening.

Brewer also told police he had hurt her “pretty bad in the past, but he was on “wet” (PCP) when he did it.”

If given the jury’s recommendation of 35 years, Brewer will have to serve 29 years and nine months before becoming eligible for parole.

Reach Wendy Burton at (918) 684-2926 or wburton@muskogeephoenix.com.