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Brothers face assault charges

April 03, 2003|by CANDICE BOSELY

martinsburg@herald-mail.com

MARTINSBURG, W.Va. - A 19-year-old who police say watched his brother sexually assault two 16-year-old girls was charged Wednesday with one felony count of kidnapping and one felony count of accessory to sexual assault.

David Anthony Tith, of Tavern Road in Martinsburg, was being held in Eastern Regional Jail without bail.

Arrest warrants have been issued charging Tith's brother, identified by police as Kevin Ray Fowler Jr., 19, of Western Avenue in Martinsburg, with kidnapping and two counts of sexual assault. Police have not yet picked him up, records show.

The assault happened around 1 a.m. on Feb. 8, when Tith allegedly drove his brother and the two girls to the end of Hyslip Ford Road in Bunker Hill, W.Va., records allege.

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After the car stopped, Fowler got into the back seat and raped one of the girls, records allege.

He allegedly made the other girl get out of the car, where he assaulted her, records allege.

During the incident, Tith allegedly sat in the front seat, ignored the girls' pleas for help and told them to "shut up," police said.

After the incident, the girls were taken by ambulance to City Hospital. Police arrived and spoke to the girls, records show.

Deputy B.F. Hall, with the Berkeley County Sheriff's Department, investigated the case.

When police spoke to Fowler, he said he had consensual sex with one of the girls, records show. Tith said he was drunk and did not remember anything from that night, police said.

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