Multiple first degree rape charges against an Okemah man were dismissed by the District Attorney’s office three days before he was to stand trial.
Dustin Ardell Cruce, 38, who was formally charged in Lincoln County District Court on Feb. 16 with two counts of first degree rape and one count of rape by instrumentation, had been bound him over by Special Judge Emily Mueller at the conclusion of a preliminary hearing.
During his arraignment before District Judge Cindy Ashwood, Cruce entered a plea of not guilty. The judge received the plea and scheduled Cruce for the felony disposition docket on May 17 and set his jury trial for June 6.
Records show that on June 3, during a jury trial call docket before Judge Ashwood, the parties announced they were ready for trial and the judge stated the cause would be first up at 9 a.m. on June 6.
Reportedly, later that afternoon, again appearing before Judge Ashwood, Assistant District Attorney Jeff Mixon moved to dismiss the case without costs, announcing he “didn’t think he could prove his case.”
The judge ordered the cause dismissed without costs, meaning the charges could be refiled in the future.
An audio recording was made, according to the records.
On May 17, additional charges of rape by instrumentation and domestic assault and battery by strangulation had been filed against Cruce.
He allegedly raped a woman who was approximately 20 weeks pregnant at the time.
Cruce was accused of twice having sexual intercourse with the woman, who was not married to him and without her consent, accomplished by the use of force and violence and threat of force and violence, the charges state.
He was also charged with rape by instrumentation against the woman without her consent, accomplished by the use of force and violence.
A $50,000 bench warrant was issued the same day the charges were filed in February.
Supplemental information filed by the state prosecutor handling the case shows Cruce was convicted in Okfuskee County District Court on Feb. 22, 2017 of three felonies.
Those include assault and battery with a dangerous weapon, second degree burglary and knowingly concealing stolen property.
Prague Officer Josh Fry, in an affidavit filed in the case, states he was requested on Jan. 8 to speak with a nurse from the OU Hospital Center concerning a sexual assault that had taken place within the Prague city limits.
Fry stated he then spoke with the victim who informed him she was about 20 weeks pregnant and homeless. She stated she had been transported by ambulance to the OU hospital from the Prague City Park.
She advised the officer that Cruce was the father of her unborn child and that she had confronted him about his methamphetamine use. Cruce apparently became angry about the confrontation, the affidavit states, and bit the victim on the forehead and punched her on the arms, legs and stomach.