A jury convicted Ukwuachu in 2015 of sexually assaulting a fellow Baylor student. The jury also sentenced him to 180 days in prison, 10 years probation, and ordered him to register as a sex offender.
Since then, his attorney has appealed the case a total of three times, the latest taking place in August of 2022. The two previous times, the Texas Court of Criminal Appeals has overturned the lower court’s rulings that would have triggered a new trial.
At the center of all of the appeals has been cellphone records introduced by prosecutors to impeach the testimony of Ukwuachu’s roommate.
The roommate testified that he was home on the night when the incident reportedly took place and heard nothing. Prosecutors claimed the phone records proved otherwise.
Ukwuachu’s attorney told the court that prosecutors threatened or advised the roommate not to testify because they had the phone records, which were never entered as evidence.
Prosecutors said the phone records were never entered and since the roommate testified, there is no harm.
Chief Justice Thomas Gray said at the end of the hearing in August that he has never seen a case bounce back and forth so many times during his time on the bench. He advised both sides to meet and try to come to a compromise in the case before the court issues its decision.
In the latest ruling, the court found there was no reversible error, so the justices affirmed the judgement of the trial court.