Prosecutors Ask Judge To Dismiss Choctaw Rape Case

Monday, July 23rd 2012, 3:31 pm
By: News 9

A rape case against two teenage boys accused of sexually assaulting a girl with downs syndrome is dismissed. The 17-year-old victim took the stand and said she made the whole thing up.

After more than an hour of testimony, the 17-year-old victim, the defendants, and their families broke down in tears after prosecutors asked for the case to be thrown out.

Prosecutors asked the judge to dismiss the case after the victim, who has downs syndrome and who prosecutors say has the mental capacity of a six year old, kept waffling on the stand.

She finally broke down during cross examination, saying she made up the story about the attack.

The 17-year-old girl took the stand during the preliminary hearing against Kody Mathew Koonce,Cody Gene McGee and Rusty Begay.

Only Koonce and Begay were in the courtroom during her testimony.

The mentally challenged girl had claimed that Begay watched as Koonce, McGee and two 14-year-old boys sexually assaulted her, an attack Koonce attorney says never happened.

Prosecutors used dolls in the courtroom to help the victim reenact what happened. But at times the victim became exasperated, confused and angry with the line of questioning, until she finally broke down at the end saying the attack never happened.

Both the victim, the defendants, and their friends and family left the courtroom in tears, and did not want to comment on camera. Only the grandmother spoke to News 9, saying she's glad this case is finally behind them.

7/2/2012 Related Story: Hearings Continue For Jones Teens Accused Of Raping Girl With Down Syndrome

McGee, who was charged as a youthful offender, has already made a plea deal with the state.

Prosecutors don't know if Monday's dismissal will affect that plea, or the case against the two other 14 year olds accused in this case.