Preston states another female gave Tracy his phone number In October 1984 and she called him. They continued to talk on the telephone until the middle of December 1984 when he finally went to meet her in person. She led him to believe she was 17 and would be 18 in a few months. He had no reason to believe she was lying about her age because she worked at McDonald's and he knew she had to be at least 16 to work there. Throughout the many times he visited Tracy at her home, they never had sexual intercourse. They had oral sex.

The day that she accused him of raping her, they had oral sex. While she was in the bathroom cleaning up, he used the phone in her mother's room to call his girlfriend, Camille. While talking he turned around a Tracy was standing outside the room listening. He tried to pretend he was talking the his cousin Shawn. When he got off the phone, he told Tracy that he was going to join the Army which made her mad.

He found out from his mother that Tracy was accusing him of rape. He called the police and spoke to Sgt. Yarborough in the Sex Crime Division and told him one of his girlfriends was accusing him of rape and how he could prove that he didn't rape her. The Sergeant couldn't find that any complaint had been filed. A month or so later Preston was arrested and charged with aggravated sexual assault of a child. That is when he learned that Tracy was 13.

Preston called Tracy's mother and found out that Tracy had told her that she didn't know Preston and that he had broken into their apartment and raped her. The mother asked Preston to describe the layout of her apartment which he did to her satisfaction. She told him that she had given Tracy permission to lie about her age so she could get a job. Tracy's mother attempted to drop the charges twice but the police wouldn't let her. They told her that Preston's semen matched the semen they found on her bed sheets. Preston states he had never even sat on her mother's bed. He believes the semen was from a guy named Joey who told him that he had had sex with Tracy that morning. (Is it possible that James Bolding was involved in the semen testing?) Tracy had a reputation of being sexually active even with her uncle whom she also accused of raping her.

She claimed that Preston shot at her at a bus stop at the corner of Westheimer and Dunvale. She said he stopped his car, jumped out, ran over, shot at her, got back in his car and left. Westheimer was under construction. It would have been impossible for anyone to have accomplished this feat in broad daylight without being seen and without causing a traffic jam in an already congested area. Plus, he had been in a car accident that caused the driver's door to jam. He also had two witnesses who could vouch for his whereabouts at the time he supposedly shot at Tracy. He gave this information to his court appointed lawyer who shared this information with the Assistant District Attorney. Tracy's story about the shooting was changed to he was driving down the street chasing Tracy with his car and when she ran into to her home, he fired shots into the apartment but there were no bullets to backup this story and she couldn't even remember what color the car was.

Preston accepted a plea bargain rather than trial by jury fearing that a jury would convict him based on their feelings instead of the facts. He received 10 years probation for the aggravated sexual assault and aggravated assault with a deadly weapon.