An Enterprise Staff Report

The Commonwealth of Kentucky has dismissed the case against Marcos Lopez. Lopez had been indicted on charges of second-degree rape and second-degree sodomy with a female under the age of 14.

According to Commonwealth’s Attorney Henry Johnson, the case against Lopez has been dismissed with prejudice due to a combination of factors. First, the DNA test results did not support the charges. Also, the alleged victim has given differing accounts of the alleged incident. These issues, combined with a lack of corroborating evidence, compelled the Commonwealth Attorney’s Office to dismiss the charges against Lopez.

Charges that are dismissed with prejudice cannot be resurrected.

Lopez, an alleged illegal immigrant, will be turned over to Immigration and Customs Enforcement, a federal agency under the Department of Homeland Security, to undergo deportation proceedings.

Lopez was arrested Aug. 3 along with Gustavo Salinas.

The charges stem from an alleged incident in which police found a 13-year old girl at a Grays Knob residence. The girl had been reported missing the previous day by her mother. According to previous reports, initial statements to the police alleged that she was taken from her home in Benham by force and held against her will. The statements also alleged while at the Grays Knob residence, the girl was physically and sexually assaulted.

Though the case against Lopez has been dismissed, charges are still pending against Salinas. Salinas, who had been scheduled for trial Tuesday, failed to appear before the court, resulting in a bench warrant being issued for his arrest.