Bizarre Chattanooga rape case bound over to grand jury
Thursday morning, Judge Gary Starnes granted a motion by Charles Penney’s attorney to waive a preliminary hearing and have the case bound over.
On the Morning of New Years Day, Chattanooga police arrested Penney and charged him with one count of rape.
The alleged incident happened at a New Year’s Eve house party in the 300 block of Cross Creek Drive.
Police were called to the residence to investigate a noise complaint. But when officers arrived, several people at the party told them a woman was sexually assaulted.
According to the arrest affidavit, two people including the victim’s boyfriend walked into a bedroom where they say they caught Penney in the act. Then they reportedly told him to leave the room.
But when police questioned the victim, she reportedly told them she didn’t remember it happening because she was passed out.
Penney’s attorney, Christopher Jones is now reaching out to witnesses who may help clear his client’s name.
"Good innocent people are always charged with crimes they did not commit. I’m reaching out to anyone who knows any of the parties of this case or were there on the night in question," Jones said.
When WDEF first talked to Penney hours after he bonded out of jail, he said he didn’t remember being with a woman in a bedroom at the party.
According to Penny, he met a woman online who invited him to the party. Penney said when they walked through the front door, there were nude and semi-nude people attending the party. He told WDEF that some of those same party goers were making out with each other.
Penney admitted taking pictures of the nude scene with his cell phone. WDEF has reviewed the pictures and the time in which they were taken. The time is consistent with the time in which he attended the party.
Penney also said that on two occasions, he was offered cocaine but turned it down because he said,"that wasn’t his thing."
Penney said he remembers drinking at the party but doesn’t remember any other details except waking up in jail and being told that he was arrested and charged with rape.
But the woman whom he met on line and invited him to the party tells a different story. She was inside the courtroom but asked not to be identified.
According to her, Penney was fully aware of what had happened and tried to cover it up after he was asked to leave the room.
"He’s was like; don’t tell anyone my name. Don’t say anything to the police," she said.
She then said he took her car keys and became combative.
"He became aggressive with me and pushed me off couch. My cousin was with me he was trying to help me retrieve my keys and he lunged at her," she said.
She confirmed that she met Penney online and that the two knew each other for a short period of time. She said she believes he sexually assaulted a woman at the party based on a previous incident.
"Previously when we would drink together, he tried to pressure me to do sexual things and I declined," she said.
WDEF reached out to Penney’s girlfriend, Natalie Collins who stands by her man.
"I’ve been with this man and I know him inside and out. There’s no way that a fiber of his body could hurt somebody, Collins said.
Now that the case has been bound over to a grand jury, Penney’s attorney will have the opportunity to cross examine the woman who invited him and the two people who told police they caught him in the act. His attorney will also cross examine a victim who reportedly told police she didn’t remember anything.
One of the questions that might be asked is why the victim decided not to go to the rape crisis center to undergo physical evaluation?
Another looming question is whether or not the victim was awake when Penney allegedly entered her room?
The nude and semi-nude pictures might be used as evidence to suggest there was something more going on than just a regular New Years Eve party.
A man who lives at the house told WDEF he never gave Penney permission to take those pictures but Penney told WDEF that he did ask for permission.
There are so many questions in this case that are expected to be answered before a grand jury.
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