Billy Joe and Misty Arnold were accused of restraining the teenage girl and performing sexual acts on her while she was sleeping.
Billy Arnold, 36, was facing first-degree rape and lewd molestation charges, but on July 13, Special District Judge Dennis Sprouse directed the state to re-file to second-degree rape after hearing testimony from witnesses. The state is appealing the judge’s ruling. Billy Arnold is now facing lewd molestation and second-degree rape charges.
Misty Arnold, 28, was facing lewd molestation, sexual battery and rape by instrumentation; however, the judge directed the state to re-file and amend the sexual battery charges to second-degree rape.
A formal arraignment date has not been set. The couple was arrested in September 2009 and was released from jail on reduced bonds. The original bond amounts were $100,000 each but were reduced to $50,000 for Billy Arnold and a $25,000 for Misty Arnold.
According to the report, the victim told the deputies that Misty Arnold asked the victim several times if she would sleep in bed with her. When the victim gave in and lay in Misty’s bed she fell asleep only to wake up a short time later to find Misty holding her legs down and Billy having sex with her.
Misty told deputies she grabbed the girl’s legs and held her down while she performed sex acts on her and Billy Arnold started to have sex with the victim. Billy Arnold first denied having any contact with the girl.
According to the report, Billy Arnold later confessed to the deputies that he was sorry for lying about what happened. He told deputies that he wanted to come clean. Billy Arnold admitted to performing sex acts on the victim according to the report.
Misty Arnold also told deputies she knew what happened was wrong so she ran after the victim to make sure she was all right.






