Spencer Tally, 21, of Gans was charged in October in Sequoyah County District Court in Sallisaw with one count of felony lewd or indecent proposals or acts to a child under the age of 16.
Kyle Waters, assistant district attorney, said Tally was bound over for trial after a Thursday preliminary hearing, in which the 14-year-old girl took the stand and testified about conversations she had with Tally. A district court arraignment has been set for March 13.
Those in the prosecutor's office said Tally's attorney challenged the venue of the case since at least one side of the alleged conversations took place on a cell phone. The judge ruled the venue would be where the defendant or the alleged victim was. The attorney also challenged the context of the conversation and the age of the victim.
According to court records, Sequoyah County Sheriff's Deputy Cindy Smith received a report on June 29 from a girl, who was 13 at the time, in reference to the allegations.
The girl alleged that she was involved in several phone conversations with Tally, one of which led to Tally referring to oral sex in several points of the conversation.
Tally has denied the allegations.
