Morgantown man held on rape charges awaits extradition to Greece
Aug. 11—FAIRMONT — A Morgantown man who is wanted in Greece on charges of rape remains in the North Central Regional Jail without bond.
U.S. Marshals arrested 34-year-old Brian Casey Mitchell at his workplace in Fairmont on Aug. 10 using an outstanding warrant for extradition.
According to documents filed Aug. 10 with the Northern District of the U.S. District Court for West Virginia, "a grand jury sitting within the Court of Appeal of Crete returned an indictment and affirmed an arrest warrant against Mitchell for the offense of rape" on Dec. 30, 2013. Marshals arrested Mitchell under terms of a U.S. extradition treaty with Greece.
Law enforcement in Greece found during an investigation that Mitchell sexually assaulted a woman in the early morning of Oct. 18, 2011 in Rethymnon, Greece. The woman and her daughter, who were vacationing in Greece, became separated after a night of going to several different nightclubs.
"The Victim was on a street looking for her daughter when Mitchell approached. Mitchell offered to help the Victim find her daughter. Instead, Mitchell led the Victim to his residence and used physical force to rape her," according to court documents.
The woman told police she tried to use her cellphone to call for help, "but Mitchell stopped the Victim and attempted to rape her a second time," before she was finally able to break away and escape from his apartment.
"Police officers showed the Victim a photo of Mitchell's basketball team in Greece, and the Victim identified Mitchell as the person that raped her," according to court documents.
After playing basketball for WVU from 2009-11, Mitchell played pro ball for the Rethymno Aegean of Greece in 2011-12.
Assistant U.S. Attorney Andrew R. Cogar and U.S. Attorney William Ihlenfeld asked U.S. Magistrate Judge Michael John Aloi to hold Mitchell without bond saying he is a flight risk and poses a danger to the community.
"The strength of Greece's case (including the victim's testimony and such corroborating evidence as medical records, witness statements that place Mitchell in the vicinity of the victim that evening, and the victim's personal belongings found in the hallway of Mitchell's residence), the government's relatively low burden of proof in extradition hearings, all provide Mitchell with a significant incentive to flee," state court filings.
In Greece, the maximum sentence for rape is 15 years.
"The current version of the rape statute, which the Greek authorities advise will apply to the case against Mitchell, provides for a term of imprisonment of no less than ten years," according to court documents.
Aloi is set to hear Mitchell's case Monday.
Reach Eric Cravey at 304-367-2523.
