The man who said he was sexually assaulted by a Valley tow-truck driver in September 2003 said on Fr!day he was “scared for his life” during the alleged incident.
The 22-year-old male testified during a preliminary hearing on Friday against Mark McFall, 42, who was charged with drugging and sexually assaulting the male on May 31.
McFall is also charged with drugging and sexually assaulting three other males In Chester County. The defendant is also wanted for a similar crime in New Jersey.
The witness said he had been working for McFall’s family towing company, located in the 1100 block of West Lincoln Highway, for about a week in September 2003 when McFall asked him if he wanted to become a member of the “Mafia.”
“He said I would have to do something to prove I was loyal,” the witness said.
The witness said he arrived at the towing company at about 11 p.m. on Sept. 25, 2003. The man said he and McFall were the only people at the office at that time.
The witness said McFall then asked the witness if he wanted a drink, and McFall soon retrieved an open beer can from another room. Shortly after drinking the beer the witness said he felt “confused, dizzy and incoherent.”
McFall then told the witness that other people were waiting on the second floor of the company, the witness said. The witness said McFa]l then covered the witness’s eyes with duct tape and led him upstairs.
Once upstairs, the alleged victim said McFall waved a scanner up and down his body to search for wire taps, then asked the witness to remove all of his clothes. Alter the witness stripped down, McFall told the witness he was going to video record what was happening.
The witness said McFall then led him to a weight bench, handcuffed his hands under the bench and wrapped plastic wrap around his abdomen and the bench. The witness said he could hear, pictures being taken with a Polaroid camera.
“He asked me if I trusted him and if I was going to be loyal,” the witness said. “I said, ‘Yes.'”
The witness said McFall had the witness perform a sexual act on him, before asking the witness if he liked the act
“At first, I said, ‘Yes,’ because I was scared for my life,” he said. “Then he said, ‘Really?’ and then I said, ‘No.'”
The witness said McFall then performed a sexual act on him.
“The next thing I really remember was him handing me my clothes and telling me to get dressed,” lie said. “He was completely naked, and he tried to hug me and kiss me.”
The witness said he told McFall that he had a girlfriend, and McFall replied, “Well, now you have two (expletive) to worry about.”
The witness said he first told his younger brother and his parents about the incident about a month after it allegedly occurred. He said his family was scared to go tn the police, because McFall knew where the witness lived.
The witness said he went to police in April after hearing about other charges against McFall.
When questioned, by the defense, the witness said he tried to get money from McFall several times in 2004.
“I hew that, due to his need for those situations; there was a chance I could manipulate him to get what I wanted,” he said. “He took something from me that I can’t get back”
During the witness’s testimony, McFall, wearing a white T-shirt and dark pants, took notes and consulted with his attorney.
At the hearing, Magisterial District Judge Grover E. Koon withdrew three of the charges against McFall – unauthorized administration of an intoxicant, indecent assault and false imprisonment – because defense attorney Justin McShane said the charges were beyond the statute of limitations.
Assistant District Attorney Andrew Rongaus said the commonwealth can re-file the charges in the Court of Common Pleas.
McFall still faces charges of rape, involuntary deviate sexual assault and sexual assault.
Pennsylvania State Police first arrested McFall on Nov. 22, 2005, in connection with the alleged assault of a 19 year old male former employee.
After that, McFall’s alleged second and third victims came forward to investigators. Both were allegedly assaulted before McFail’s arrest in November. McFall is waiting to be arraigned on the New Jersey charges.
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