AUSTIN (KXAN) — A parking attendant accused of raping a teenager after a concert at Circuit of the Americas was sentenced to two years in prison after taking a plea deal.
Police say the 17-year-old victim was searching for her car and asked Paul Tincher, 41, for his help.
Tincher, who was not hired by COTA but a contracted company, refused to allow the girl to leave from near her vehicle after helping her find it and, the victim says, committed various sexual acts with her against her will.
It happened after a JMBLYA concert. JMBLYA and COTA both said they are not involved with hiring or managing parking attendants. The parking management company, Transportation Management Services, had hired a local staffing company which background checked all its employees, including Tincher.
Tincher’s arrest affidavit says he told Austin police he thought the incident had been consensual. The victim maintained she told Tincher no repeatedly.
Brian Erskine, the attorney for Tincher, sent KXAN the following, in-part:
Our present justice system is not fair. Individuals like Paul, who have been to prison before, and who get subsequently accused of crimes, are often saddled with enhanced punishment ranges. In this case, Paul, was faced with a minimum of 15 years if convicted at trial as well as lifetime sex offender registration, or, plea to an unrelated and mundane charge that he is already parole eligible for.
“Here, Paul chose the path of least resistance, and the State’s acquiescence to this sentence is a clear indication that their case was weak, to say the least,” Erskine said.
Tincher ultimately plead guilty to unlawful restraint on December 2. A sexual charge was dropped.