MIAMI COUNTY — Miami County Prosecutor Anthony Kendell has issued a statement in regard to filing a motion to dismiss the first-degree felony rape case against Henry Lucas of Troy.
“It has become necessary to dismiss the current charge(s). I want to inform the public that the dismissal is based on unforeseen technical issues that have arisen during the prosecution. I will be refiling the same charges against Henry Lucas and he will have to answer for his conduct in a court of law.”
A civil protection order remains in effect to prevent contact between Lucas and the victim and the victim’s family, according to court records and Kendell’s statement.
The jury trial was set to begin Tuesday.
Kendell filed a motion seeking a continuance in Miami County Common Pleas Court on Friday. The motion cited the continuance was in regard to assistant prosecutor Paul Watkins is out of the office on leave due to unforeseen circumstances. Judge Christopher Gee denied the motion for continuance on Friday and Kendell filed to dismiss the case later that day.
Lucas, 53, was indicted by a grand jury on one count of first-degree felony rape and one count of third-degree felony tampering with evidence in July 2017. Lucas posted 10 percent of his $100,000 bond following his arraignment on a grand jury indictment on the two charges. Lucas entered a plea of not guilty to the charges.
Lucas was ordered to have no unsupervised contact with minors, the victim, and the victim’s family.
According to reports, Lucas allegedly pinned a 15-year-old female victim against the wall and shoved his hand down the victim’s pants, sexually assaulted her by hand, and then left the home in Troy. The victim stated she didn’t tell an adult until two months later. The alleged assault occurred in March 2017.