Teen girl describes alleged rape by classmate in Warren school stairwell

Khymani Tolbert faces 3 counts of criminal sexual conduct

By Shawn Ley - Reporter, Amber Ainsworth, Priya Mann - Reporter

WARREN, Mich. - A teen girl testified in court Thursday about a rape that allegedly happened at the hands of one of her classmates.

Khymani Jamal Tolbert, 14, of Warren, is accused of raping a 14-year-old freshman girl in a school stairwell, police said. The incident is alleged to have happened Nov. 28.

Victim describes sex assault

"I started pushing him and told him to leave me alone," the victim said. "He slammed me on the floor."

The girl said Tolbert raped her on the floor of the school.

"I gave up. He was doing what he wanted to do," she said.

Tolbert's defense argued that the sex was consensual.

"I never touched him," the victim said.

Tolbert has criminal history

Documents obtained by Local 4 show that Tolbert had a criminal history. He was arrested last summer for larceny and curfew violations in Wayne County and was placed in juvenile detention.

In July, a judge ruled that he was "incorrigible," and noted that he disrespects his mother, runs away from home three times a week, smokes marijuana three to four times a week and refuses to attend school.

In September, Tolbert absconded while on probation. He was charged with curfew violations and stealing property.

A juvenile judge wrote, "Parents have failed to address the respondent's dangerous & risk-taking activities placing the youth and others at risk of harm."

Tolbert's case was transferred to Macomb County after he and his mother moved to Warren. He was enrolled at Lincoln High School after the move.

Authorities respond to the assault

Warren Police Commissioner Bill Dwyer said the case sent an emotional shock wave through his department because of the sheer brutality involved.

"This is the saddest, most vicious case I've seen, the most violent case I've seen that's brutal, heinous, monstrous," said Dwyer. 

There are about 50 security cameras inside the school. More than one camera appears to have captured the terrifying assault. The victim tried to fight off the attacker for 20 minutes, Dwyer said. 

"I mean I can't describe the feelings we have for this victim and family as far as our sorrow goes out, support goes out to the family," he said. 

Van Dyke Schools Superintendent Piper Bognar released a statement, saying: "We are horrified and saddened by this situation ... We are doing all we can for the victim and the family. The school personnel responded swiftly, and we are continuing to work with the Warren Police Department and related law enforcement authorities."

Dwyer believes the attacker has done this before. 

"I hope he goes to prison for life because he deserves life for what he did to her to this 14 year old victim," he said. 

Tolbert is being held in jail without bail. In addition to the three counts of first-degree criminal sexual conduct, he also faces one count of unlawful imprisonment.

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