Former HSU student found guilty of three counts of rape; not guilty on three counts

 

Closing arguments concluded on July 14 for alleged rapist, former HSU student and Chi Phi member Darrius Upshaw.

Judge Kelly Neel gave her ruling on July 15. It was a mixed verdict with conviction on three counts and not guilty on three other counts. 

If you did not follow my coverage of the trial, this is what I think the verdict means and I am curious to hear what Judge Neel will say at sentencing.

The way the counts are charged, it is the same PC 287 except i and f. There was only one incident with John Doe 1 and more than one incident with John Doe. The verdict seems mixed but it translates into Judge Neel believing the victims.

Upshaw was charged with 6 counts of oral copulation of an intoxicated victim. The alleged victims are two young male victims. Upshaw was a student at HSU at the time. Both alleged victims were HSU students; one has since left the state due to the alleged rape.

Time was waived for sentencing which is scheduled for August 24.

Deputy District Attorney Carolyn Schaffer is the prosecutor for the case. Mr. Russ Clanton is Upshaw's attorney.

Posts from the trial coverage are linked below. Other posts on the case can be found via the search feature on the blog.

Previous posts (trial coverage):

https://johnchiv.blogspot.com/2021/07/will-darrius-upshaw-be-able-to-prove.html?m=1

https://johnchiv.blogspot.com/2021/06/darrius-upshaw-uses-gay-curious-and-bi.html?m=1

https://johnchiv.blogspot.com/2021/06/pornhub-hardcore-porn-and-detailed.html?m=1

https://johnchiv.blogspot.com/2021/06/porn-internet-searches-by-alleged.html?m=1

https://johnchiv.blogspot.com/2021/06/the-victim-has-had-his-life-on-pause.html?m=1

https://johnchiv.blogspot.com/2021/06/darrius-upshaw-jury-trial-schedule-in.html?m=1

https://johnchiv.blogspot.com/2021/06/porns-erections-masturbation.html?m=1

https://johnchiv.blogspot.com/2021/05/snapchat-fraternity-rituals-preference.html?m=1

https://johnchiv.blogspot.com/2021/05/person-who-took-video-of-john-doe-1s.html?m=1#more

https://johnchiv.blogspot.com/2021/05/i-had-never-heard-of-another-brother.html?m=1

https://johnchiv.blogspot.com/2021/05/hsu-chi-phi-unofficial-event-with.html?m=1