Prosecutors have elected to drop rape and kidnapping charges against all four members of the Polish death metal band Decapitated, ensuring their eventual return to their home country of Poland after months of detainment in the United States, reports The Spokesman-Review.

Waclaw Kieltyka, 35, Michal Lysejko, 27, Rafal Piotrowski, 31, and Hubert Wiecek, 30, were scheduled to begin trial later this month in Spokane County Superior Court for the alleged gang rape of a local woman after their show in downtown Spokane on Aug. 31.

But on Friday – 11 days before the Jan. 16 trial date – Spokane County prosecutor Kelly Fitzgerald filed a motion dropping all rape and kidnapping charges without prejudice, meaning the four men could be prosecuted in the future. The motion cites “the well being of the victim” and “in the interest of justice” as a reason for dismissal.

The band’s attorneys said news of the dismissal was surreal, but expected. Steve Graham, representing Kieltyka, said that, while he can only speak for his client, “everyone is relieved and they’re looking to get back home.”

Jeffry Finer, attorney for Piotrowsk, said the accuser was heavily involved in the decision to drop charges. He said attorneys were confident prosecution would drop charges once they had all of the evidence from defense witnesses, which included scores of concert goers.

“A close review of the evidence is all it took,” he said. “We are not criticizing the county for moving slow. It just took a long time to get all of the evidence, all of the witnesses, and there were so many witnesses.”

Read the full story at The Spokesman-Review.

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