Greensburg man found not guilty of rape; no verdict on sexual assault charge

A Westmoreland County jury acquitted a Greensburg man accused of raping an unconscious woman but couldn’t reach a verdict on another charge of sexual assault.

The jury deliberated more than three hours and returned a mixed verdict against Emmanuel Lebbie, 25, who prosecutors said assaulted a woman as she slept at a Greensburg apartment in the early hours of Sept. 29, 2019.

Jurors on Thursday found Lebbie not guilty of a single count of rape but could not reach a verdict on a felony count of sexual assault, and, as a result, Judge Christopher Feliciani declared a mistrial for that offense.

Assistant District Attorney John Petrush said no decision has been made on whether to seek a retrial on the sexual assault count.

Lebbie, who has been in jail since his arrest, was released from Westmoreland County Prison on $10,000 unsecured bond.

Lebbie testified during the three-day trial that his accuser initiated and consented to the sexual activity.

Defense attorney Owen Seman told jurors there was no evidence of sexual intercourse nor that the woman was unconscious. Lebbie and his accuser were drunk and don’t have clear memories of what occurred, he said.

“Nobody really knows what happened,” Seman said.

Prosecutors said DNA evidence obtained from the victim confirmed witness accounts that Lebbie raped the woman, who passed out after she consumed alcohol and marijuana at a house party. Lebbie’s DNA was found on the woman’s body, Assistant District Attorney John Petrush said.

Witnesses testified the woman was too drunk to go to a local bar with the rest of the group and went to sleep in her boyfriend’s bedroom. When the group returned, she still was asleep and Lebbie appeared to be dozing on a nearby couch, according to the prosecution.

When the woman’s boyfriend went to check on her later, Petrush said he found the bedroom locked, used a coin to open the door and found Lebbie standing over the bed with his pants and underwear around his ankles and the woman still unconscious.

When the woman awoke, she complained of pain and suspected she was raped, according to the prosecution.

Petrush refuted the defense claim there was consensual sex and pointed to an original statement Lebbie gave to police in which he denied he was in the bedroom with his accuser.

“His version of events is unworthy of consideration,” Petrush said.