Douglas County prosecutors have dismissed cases against two men charged with rape in connection with video-recorded incidents from March 2023 because they can no longer find the woman in the videos.
Court documents indicate the woman’s mother is worried that the alleged rapes have further traumatized the woman and pushed her “further into addiction.”
Deputy DA David Greenwald on Wednesday filed motions to dismiss the cases against Malachi Thomas, 24, and Dionte Brown, 22. The cases were dismissed without prejudice, meaning they could still be refiled.
Thomas had been charged with three counts of rape, one count of aggravated sodomy, one count of breach of privacy, and one count of interference with law enforcement. Brown had been charged with two counts of rape.
The woman had testified that she had blacked out from alcohol for much of the night. However, graphic videos of what had happened while she appeared to be unconscious were played during the joint preliminary hearing for all four defendants in June 2023.
The judge in August bound each of the four over for trial. The joint trial of Brown and Thomas was supposed to begin next week.
A motion filed Monday details attempts of LaShane Cupil, the victim/witness coordinator for the DA’s office, and Lawrence police Detective Meghan Bardwell to contact the woman over the last several months. At the times when they did reach her, though, she said she wanted to be in Douglas County District Court to testify.
The woman’s mother “has voiced that her daughter has and is struggling with addiction, as well as mental health issues,” according to that motion. The mother “has stated that she is concerned that this rape which happened to [Victim] has traumatized [Victim] even further and pushed her further into addiction than she has seen over the years.”
The woman had moved out of state, but as recently as mid-June, the woman told Bardwell she wanted to fly back to testify, and her mother said the woman “stated how important this was to come testify and they talk about it each time they speak,” according to the motion.
Online court records indicated as of Wednesday evening that the cases against the two other defendants, Murphy Theodore, 26, and Tiger Smiley, 22, have not been dismissed and are set for a joint jury trial in October.
Theodore is the only defendant in custody of the Douglas County jail; Smiley and Brown were released on bond shortly after they were arrested, and Thomas was released on bond in May.
All arrestees and defendants in criminal cases should be presumed not guilty unless they are convicted.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
Resources for survivors
If you have experienced sexual violence or trauma, please seek the help that’s right for you. There are many options available, and you don’t have to file a police report if you don’t want to.
Get 24/7 help in Lawrence: The Sexual Trauma & Abuse Care Center
- Call 785-843-8985 to reach an advocate, 24/7. (Consider saving that number in your phone in case you or someone you know ever needs it.)
- After an assault: What are my options? Check this page for detailed information about
- talking to an advocate,
- going to the hospital,
- making a police report,
- and/or talking to a counselor or therapist.
- On campus? Check this page for specific resources for the University of Kansas, Haskell Indian Nations University, Baker University, Ottawa University and more.
Resources on KU’s campus:
- Contact CARE (Campus Assistance, Resource, and Education) Services: KU students can make an appointment online at careservices.ku.edu, by email, care@ku.edu, or by calling 785-864-9255. It’s free, confidential and voluntary to talk with the CARE Coordinator. All genders welcome. Read more here.
- Find more KU campus resources at this link. Specific information about sexual assault exams can be found under the “Medical Care” tab.
- Connect with KU CARE Companions on Instagram. (Note: CARE Companions are KU students in the Panhellenic community that offer peer support and info about resources, but this is not an advocacy service like others listed here.)
Domestic violence situations: The Willow Domestic Violence Center
- Reach the Willow for help 24/7 at 785-843-3333.
- Find more resources on the Willow’s website at this link.
More resources
- StrongHearts Native Helpline: Call 1-844-7NATIVE (762-8483) for 24/7 safe, confidential and anonymous domestic and sexual violence support for Native Americans and Alaska Natives that is culturally appropriate.
- National hotline: Call 1-800-799-SAFE (7233), text “START” to 88788, and/or visit thehotline.org to chat and learn more, 24/7.
More coverage:
Molly Adams / Lawrence TimesDouglas County DA’s office dismisses charges against 2 of 4 defendants in rape case
Molly Adams / Lawrence Times
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