Hearing set in Prague rape case

A preliminary hearing has been scheduled for an Okemah man facing three charges of first degree rape.

Dustin Ardell Cruce, 38, was formally charged in Lincoln County District Court on Feb. 16 with two counts of first degree rape and one count of rape by instrumentation.

Special Judge Emily Mueller scheduled his preliminary hearing for 1:30 p.m. April 14.

He allegedly raped a woman who was approximately 20 weeks pregnant at the time.

Cruce is accused of twice having sexual intercourse with the woman in the city of Prague who was not married to him and without her consent, accomplished by the use of force and violence and threat of force and violence, the charges state.

He is also charged with rape by instrumentation against the woman without her consent, accomplished by the use of force and violence.

The $50,000 bench warrant was issued the same day the charges were filed.

Supplemental information filed by the state prosecutor handling the case shows Cruce was convicted in Okfuskee County District Court on Feb. 22, 2017 of three felonies.

Those include assault and battery with a dangerous weapon, second degree burglary and knowingly concealing stolen property.

Prague Officer Josh Fry, in an affidavit filed in the case, states he was requested on Jan. 8 to speak with a nurse from the OU Hospital Center concerning a sexual assault that had taken place within the Prague city limits.

Fry stated he then spoke with the victim who informed him she was about 20 weeks pregnant and homeless. She said she had been transported by ambulance to the OU hospital from the Prague City Park.

She advised the officer that Cruce was the father of her unborn child and that she had confronted him about his methamphetamine use.

Cruce apparently became angry about the confrontation, the affidavit states, and bit the victim on the forehead and punched her on the arms, legs and stomach.

The victim further told Fry that Cruce picked her up and slammed her on her stomach.

The affidavit states that Prague Police Sgt. Daniel Berger went to the hospital to interview the woman and obtain the rape examination from the hospital.

The incident allegedly occurred at 1109 Meadowbrook Lane in Prague.