Swoape beats rape charge, but still faces jail time
Since beating rape charges over two months ago, Marvin Timothy (Bubba) Swoape is yet to taste freedom as he now faces the possibility of an even longer delay in his release from jail with another trial today.
Swoape, 36, will face trial on the charge of simple possession of drugs at the Warren County Courthouse. While the case is a misdemeanor trial, his conviction could mean violation of his probation in Coffee County and an additional six years behind bars.
Swoape has remained incarcerated in the Coffee County Jail on violation of probation charges since his acquittal on rape charges here in November. A jury found him not guilty of forcibly raping a family friend at her residence in May 2002. The woman said Swoape held a knife to her throat and raped her repeatedly. However, jurors believed Swoape when he told them the sexual relations were consensual.
After beating the charge, Swoape was transferred immediately to Coffee County Jail where he was charged with violation of probation. He had been on probation for earlier theft convictions there and was not allowed release from jail following his acquittal here.
At stake today is a violation of his probation in Coffee County. The crime of simple possession itself is a misdemeanor, punishable by a maximum 11-month, 29-day sentence. Even if convicted on the drug charge, Swoape, who spent over a year behind bars awaiting trial on the rape charge for which he was eventually acquitted, would not owe any time in Warren County due to the time he has already served.
However, a conviction today would violate his probation in Coffee County, meaning he would be required to serve six more years behind bars to finish the balance of his unserved sentence in Coffee County.
Ironically, the simple possession charge he now faces came when Xanax was reportedly found on his person as he was being arrested on the rape charge in May 2002.