A U.S. District judge has dismissed two aggravated sexual-abuse charges against a Ute Indian Tribe security guard, at the request of federal prosecutors.
Roger Uinta Reed, 31, was charged June 16 by the U.S. Attorney's Office for Utah with two counts of aggravated sexual abuse while within Indian Country. Prosecutors later obtained an indictment on both charges from a federal grand jury.
But on Wednesday, Judge Tena Campbell granted a prosecution motion to dismiss the indictment against Reed without prejudice, citing insufficient evidence.
Two sources familiar with the case told the Uintah Basin Standard on Thursday that prosecutors were forced to drop the charges because of issues surrounding the DNA evidence.
Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, said she could not discuss the DNA evidence, or the decision to seek a dismissal of the charges against Reed.
"Because it's dismissed without prejudice, I can't say anything beyond what you see in that (court) document," Rydalch said, explaining that the case could be re-filed if the FBI presented prosecutors with additional evidence.
Reed's attorney, federal public defender Viviana Ramirez, also declined to comment on the case.
According to court records, Reed met his alleged victim while investigating a vandalism complaint in May at a home of one of her relatives. The woman said he began following her around and then sexually assaulted her on June 10 and June 13, the court records said.
The federal complaint states that the woman said a second alleged assault took place in her home while her boyfriend slept on the couch and her children played in another room. Reed was accused of threatening the woman with a handgun during the incident and telling her he would harm her children and her boyfriend if she fought him.
The woman reported the second incident to her boyfriend on June 14, according to investigators. Her children also told authorities they saw Reed enter the home through an open door on the night of the alleged assault.
FBI spokesman Juan Becerra said the bureau is continuing its investigation into the allegations against Reed.
"At this time, we feel that the judge ruled in such a way that we need to do a more extensive and exhaustive investigation, and that's what we're going to do," Becerra said.
Becerra added that if agents learn anyone has misled them during the investigation, that information will be forwarded to federal prosecutors for possible perjury charges.
EMAIL: geoff@ubstandard.com
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