Charges dropped against Cape man accused of forcible rape

Prosecutors dismissed charges Wednesday against Donald Lee Yeager, 36, of Cape Girardeau, after reviewing an alleged rape victim's testimony and her changing version of the events.

Yeager was arrested Sept. 21 after a 26-year old Cape Girardeau woman told police he raped her in his car, near his residence. He was charged with forcible rape and sexual assault and held on $50,000 bond.

"My name has been pretty much smeared across Cape Girardeau," Yeager said. "I lost my job over this, they don't want me back there. But I'm not guilty. She said I raped her and sexually assaulted her, but I didn't. Then she came back and changed her story."

At the time of his arrest, investigators were told that Yeager offered the woman a ride to see her boyfriend at a restaurant, but instead drove her by his house and raped her in the car.

The woman later testified at a preliminary hearing that no sexual intercourse occurred. Cape Girardeau County assistant prosecuting attorney Ian Sutherland quickly amended the charge to forcible sodomy to reflect her testimony that the defendant had allegedly used his hand, but the case against Yeager deteriorated further.

Public defender Bryan Keller said he makes it a custom to record testimony at preliminary hearings, he said. He took a copy of the tape to Prosecuting Attorney Morley Swingle. After listening to the tape, Swingle dismissed the remaining charge.

"I no longer feel we can prove the case without a reasonable doubt," the prosecutor said.

Swingle sent a two-page letter to the woman explaining why he dismissed the charge.

Yeager spent the last four months in jail, which apparently satisfied the woman, who hoped the four months in jail would help the defendant to "learn to keep his hands to himself," Swingle said.

"The victim had indicated to our crime victim's advocate that all she wanted the defendant to get out of this was time he has spent in jail so far," Swingle said. "So basically, he did get the punishment the victim was hoping he'd get for whatever he did."

But Swingle admitted he was perplexed by her reaction and her changing of the story.

"That is not the usual reaction you get from a victim who has truly been raped," he said.

Yeager is not satisfied, however, with the end result of the situation and wants the woman to face legal consequences.

"Because she lied and changed her stories, charges should have been brought against her for making statements that were untrue," he said.

Police have not submitted a probable cause statement asking the prosecutor to file a charge against the woman for making a false declaration, Swingle said.

mwells@semissourian.com

335-6611, extension 160