Rape charge dismissed
MORGANTON - A second-degree rape charge against Timothy Wayne James, 42, a former Morganton restaurant manager, has been dismissed.
The district attorney's office asked the court to dismiss the charge because the "victim declined to cooperate."
A 21-year-old woman complained to Morganton Public Safety in June that James sexually assaulted her inside Ham's Restaurant on East Union Street.
James at the time was Ham's manager and owned a one-third interest the chain's Morganton restaurant.
In a statement e-mailed to The News Herald, James said, "I am very grateful for the thorough and objective investigation by the District Attorney's Office of Burke County, leading to the dismissal of these false charges.
"It is regrettable that I was not given the opportunity to tell my side of the story before Morganton Public Safety decided to bring the charge against me. Perhaps if afforded that opportunity, all the damage that has been done to my life may have been avoided."
"This entire affair has been irrevocably destructive to my personal and professional life. Much has been taken from me that I may never get back.
"I am glad it is over."
James no longer lives in Morganton.