JAY, Okla. – A Delaware County jury deliberated for over an hour before convicting a man of sexual child abuse and recommend he serve a 50-year sentence.
Kevin Wayne Swager, 31, of Rose, was convicted Wednesday in Delaware County District Court of child sexual abuse and child abuse, both felonies. He is scheduled to be sentenced on June 29.
Swager showed no emotion as the jury foreman read the verdict which was an opposite reaction to his demeanor earlier in the day where he appeared aggressive and hostile during his testimony.
“I am very pleased with the verdict knowing my granddaughter has stood up for many folks that couldn’t stand up for themselves,” said the victim’s grandmother.
It is KSN/KODE’s policy not to identify sexual assault victims.
Swager will not be out and allowed to re-offend and hurt other children, she said.
“Now we can start the healing process,” the grandmother said.
“He took the verdict pretty tough – he was shocked,” said Terry Allen, Swager’s attorney.
“We hope the two 25-year sentences run concurrently,” Allen said. “That is something we will ask for.”
“I am very pleased with the outcome of this case,” said District Attorney Kenny Wright.
Wright praised the work of DeYoung and Houston.
“As many years as he (Houston) has been doing his job, he gets better and better,” Wright said.
During closing arguments, Allen told the jury Swager denied the accusations but acknowledged his confession. Allen argued the jurors could not look at the video by itself.
“You have to look at everything,” Allen said.
“He was nervous- anxious,” Allen said referring to Swager while he was being interviewed by Delaware County Sheriff’s Department Capt. Brandon Houston. “He was not mentally sound when making those statements.”
“He felt cornered,” Allen said. “He would say what he needed to say in order to leave.”
The victim “was calm, cool and collected – there was no emotion,” Allen said.
Allen said the victim’s biological parents had neglected her and may have physically and sexually abused her.
Swager confessed to Houston because he was having an anxiety attack, he said. Prosecutor Laura DeYoung disagreed. “He made jokes during the interview,” DeYoung said.
Swager was competent on the stand and in the interview with Houston, she said. Swager is also charged in Ottawa County District Court with child sexual abuse.