Can we say this is an actual false allegation? No. But when the complainant is nowhere to be found, and there's an unavailable witness, the prosecutor did the right thing in dropping the charges. Of course, since it was dismissed without prejudice, that means the prosecutors office can refile the charges down the road. And I would be willing to bet, that they are moving heaven and earth to find this young woman.
Charges have been dropped against a man who had been accused of third-degree sexual assault in June.
Lancaster County Judge Gale Pokorny on Monday approved a request by prosecutor Matthew Acton to dismiss without prejudice three charges filed against Chiemela Onyemaobi, 24.
He had been accused of second-degree false imprisonment, third-degree sexual assault and third-degree assault following a June arrest by a Nebraska State Patrol trooper. A trooper found a 19-year-old woman walking on Interstate 80. She said an evening with Onyemaobi had gone awry.
Onyemaobi said Wednesday he was willing to go to trial to prove he was innocent. A jury trial had been scheduled to begin Monday in Lancaster County Court before Acton filed a motion to dismiss the charges.
Chief Deputy Lancaster County Attorney Joe Kelly said prosecutors were unable to make contact with the woman who accused Onyemaobi. Onyemaobi's attorney, Jim Hoppe, also said the case was dismissed because of an unavailable witness.
"There was no evidence to support anything she was saying," Onyemaobi said. "And the case was dropped."