According to The Spokesman-Review reporter Jonathan Glover, Spokane County prosecutors have dropped all rape and kidnapping charges against the four members of the Polish death metal band DECAPITATED, citing the well-being of the alleged victim.
The musicians were released from jail last month as they awaited trial for allegedly kidnapping and raping a woman on their tour bus four months ago.
As part of their release conditions, the musicians were ordered to stay in Washington and were required to turn in their passports. In the event that they did return to Poland, they were ordered to sign waivers of extradition, meaning they were agreeing to be extradited to the U.S.
The DECAPITATED members were released on their own recognizance and did not have to post a bond.
Their trial was scheduled to begin on January 16.
The woman alleged she was gang-raped by the musicians in their tour bus bathroom after DECAPITATED‘s August 31 concert with THY ART IS MURDER at The Pin concert venue in downtown Spokane as part of the two bands’ “Double Homicide” tour. The woman said entered the bus for drinks with the band before each member forced themselves on her.
Deputies later stated the victim had “significant bruising to her upper arms consistent with being restrained” and “small abrasions on her knuckles that were scabbed over.”
Andy Marsh, a member of THY ART IS MURDER, provided testimony for the defense, saying he saw the woman violently dancing in the mosh pit in front of the stage. “She was smashing her hands, arms and body against the metal barricade between the audience and the stage,” he said in the court documents.
All four members of DECAPITATED were arrested on September 9 in Santa Ana, California after performing at the Observatory. They were held in Los Angeles County Jail before being extradited to Spokane.
DECAPITATED announced in September that it was canceling all previously announced tour dates. The band also publicly denied the accusations.
In a statement, the DECAPITATED members said that “the original officer who took the complaint from the accuser stated, ‘I do not have probable cause that a rape occurred.'” They added that they were “confident that once the facts and evidence have been seen and heard, they will be released and able to return home.”
Note: This is a developing story and it will be updated as more information becomes available.