Oklahoma County prosecutors dismissed their case Monday against a boy and a man accused of sexually assaulting a girl with Down syndrome, citing “witness inconsistencies.”
Kody Matthew Koonce, 17, and Rusty Begay, 20, of Choctaw, were accused of assaulting the girl Feb. 12 at a Choctaw residence.
Koonce was charged with rape and forcible oral sodomy, and Begay was charged with permitting sexual abuse to occur and forcible oral sodomy, according to court records.
The case against a juvenile defendant is pending in juvenile court, prosecutors said.
A fourth co-defendant, Cody Gene McGee, 17, of Jones, was charged with rape and forcible oral sodomy. He pleaded guilty in May as part of a deal with prosecutors and testified earlier this month against the other two defendants.
The attorneys for Koonce and Begay could not be reached for comment late Monday. Both have said their clients passed polygraph tests and are innocent.
Prosecutors alleged Begay was present when Koonce, McGee and a younger boy raped the victim, and when those three and a fourth boy performed oral sex on her.