Although the rape case of a woman fatally shot in October was set to go to trial next week, authorities say the case will now be rescheduled for 2010.
Kyle Lingle, 21, was supposed to stand trial in Centre County Court next week on charges of rape and sexual assault in connection with Racheal Lynn Perryman's assault in August 2008, but the trial has been postponed until February, court officials said.
Troy R. Tierney, Perryman's boyfriend of more than five years, told police he accidentally shot her at about 8:30 p.m. Oct. 24 at Black Moshannon State Forest in Union Township -- just 30 minutes from campus, according to court documents.
Penn State officials said Tierney is listed as a Penn State student.
Centre County Assistant District Attorney Steve Sloane said he met with Lingle's attorney Patrick Klena and Centre County Judge Pamela Ruest behind closed doors at about 11:45 a.m. Tuesday.
"At the discretion of [Centre County District Attorney Michael Madeira] and out of respect for the family, we're not going to comment," Sloane said.
Sloane said authorities are looking into whether Perryman's March 18 testimony at Lingle's preliminary hearing provides sufficient evidence for a conviction in the rape case.
Perryman testified March 18 that she was on Lingle's couch watching television at Lingle's residence, expecting Lingle's girlfriend to join them.
It was a hot day, so she changed into a pair of Lingle's shorts and went back on the couch and made Lingle a vodka-and-Coke mixed drink, according to court documents. Then, she said Lingle forced himself on top of her and had sex with her for about five minutes, according to court documents.
Perryman left Lingle's residence in tears the afternoon of the incident and waited one week to tell her parents, according to the transcript.
"I was so afraid of my dad losing his job and finding out about it," she said. Perryman's father is employed at the Centre County Correctional Facility. "I thought it would go away and it didn't. It kept bothering me."
"Were you ashamed of yourself?" Sloane asked her.
"Yes," she answered.
"For what?"
"I thought it was my fault."
During Klena's cross-examination, Perryman said her father was angry with her for living with Tierney. Perryman waited about five months before reporting the incident to the authorities,
according to court documents.
As the Lingle case hangs in limbo, the Pennsylvania State Police at Philipsburg said the investigation into Perryman's death continues.
Police would not comment on the status of the investigation, though they have previously said they are looking into whether criminal homicide charges should be filed in connection with the incident.
Tierney and Perryman were living together at the time of the incident and had dinner plans with Tierney's parents after they went hunting, police said.
