Felony rape and aggravated sodomy charges filed in early February against Don P of Atlanta hip-hop trio Trillville have been dropped.
Keith Adams, who was representing P (real name: Donnell Prince), said the case was dismissed February 24 during a preliminary hearing in DeKalb County, Georgia.
"It was at that hearing that the state was expected to put up some evidence to try and show that there is probable cause to believe that the crime actually occurred and that it should go forward for prosecution," Adams explained. "They had not subpoenaed all their witnesses. We subpoenaed their witnesses, including the young lady who made the accusation. The state asked for a continuance, and we objected to it. We said we were ready to go."
The judge denied the motion for a continuance. "So, we moved for a dismissal, and so did the prosecution," Adams said. "The judge dismissed the case."
Prince was arrested after a 16-year-old girl claimed that — during a December 16 party inside an apartment in Lithonia, Georgia — she was forced into a bedroom by the rapper and another man (see "Trillville's Don P Charged With Rape"). Soon after the alleged attack, she fled the party with a friend and reported the rape to police. By the time officers were able to respond to the scene, most of the party's guests had left.
While Prince is a free man, his attorney said he isn't in the clear yet. "The charges were dismissed and the case is dead unless the DA's office decides they want to put it before a grand jury. Frankly, I'd be flabbergasted if they did that."
The district attorney's office is "reviewing the case file," and there's still a chance it will seek an indictment down the road.
"A dismissal at magistrate court doesn't preclude them from indicting the case," Adams said. "But the evidence isn't going to change. ... I would be surprised if they indicted it, but it's not beyond the realm of possibility. Donnell is happy, and we're pleased with the outcome, but we're also aware that it's not 100 percent over quite yet."