Ludington man accused of rape may face trial.

January 20, 2015

maccuneBy Rob Alway. Editor-in-Chief.

LUDINGTON — A 22-year-old Ludington man charged with criminal sexual conduct first degree, along with several other charges, has turned down a plea agreement from the prosecutor and faces a jury trial in 51st Circuit Court.

Jon Lloyd Maccune, of 924 E. Tinkham Ave., Apt. 201, appeared in court Tuesday afternoon. He  was arrested following an Aug. 25, 2014 incident at Pineway Apartments. He faces charges of CSC first degree, home invasion first degree, CSC third degree, domestic violence and habitual offender second offense.

Mason County Prosecutor Paul Spaniola offered to drop the charges of home invasion, CSC third degree, domestic violence and repeat offender. Maccune would have to serve 13 to 40 years maximum in prison for the CSC first degree charge and 10 to 20 years, concurrent, for the home invasion charge.

During a 79th District Court probable cause hearing on Nov. 19, 2014, the 23-year-old alleged victim testified in front of Judge Pete Wadel. She said she and Maccune had been in a relationship for about three years. He had been in a jail in Mecosta County, she said, when she decided to end the relationship.

To end the relationship, she traveled to Big Rapids and left a note on Maccune’s vehicle. When he got out, they texted back and forth, and even had consensual sex a few days after he got out of jail.

On August 25, Maccune came to Pineway Apartments, the alleged victim said. He then took her 5-year-old son and 3-year-old daughter out of the apartment. She was able to get the children back inside the apartment, locking the door.

She said Maccune started kicking the door and eventually made his way inside.

“He kicked and beat down the door,” she said. “We argued for a little bit then he walked into my kitchen and grabbed a knife.”

She said he then cut himself with the knife.

“He wanted me to give him a hug and I refused. He started slicing his arm.”

She said she then tried to grab the knife. Maccune then pulled the alleged victim’s pants down and had sex with her, she said.

Afterwards, he told her not to call anyone, took her phone and left, she said.

She then ran outside of the apartment and found a phone to call the police.

A short time later, deputies from Mason County Sheriff’s Office located and stopped Maccune in the 100 block of North Nelson Road in Pere Marquette Township, within a few blocks of Pineway Apartments.

Ludington Police Officer Chad Skiba testified that he spoke with Maccune after he was arrested. Skiba said Maccune acknowledged he was at the alleged victim’s apartment but said that she had let him in. Skiba said he saw blood on Maccune’s forearm but Maccune denied having sex with the alleged victim. He said he had may have forced his tongue in her mouth, Skiba said.

One of the allegations against Maccune is that he used a weapon to threaten the alleged victim, thus the home invasion first degree charge. His court appointed defense attorney, David Glancy, argued that the weapon was not used in a threatening manner, except on the defendant himself.

Further, Glancy argued that the couple did have consensual sex a few weeks prior to the incident.

Judge Wadel said if the defendant could use the knife to hurt himself he would likely be capable of using it on someone else. He said all preliminary testimony was consistent with the charges against Maccune. Wadel said there was enough probable cause to bind Maccune over to 51st Circuit Court.

Maccune remains lodged in Mason County Jail on a $75,000 cash/surety bond.

CSC first degree means that penetration was involved in the criminal act. It is a crime punishable by up to life in prison.

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