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A first-degree rape charge against a local man has been dismissed in exchange for a guilty plea to other charges.
Brian R. Rutledge, 37, of 98 Earthborne Lane in Campbellsville, was charged by a Taylor County grand jury in August 2010 in two separate indictments.
He faced charges of first-degree rape in one case and two counts of first-degree sodomizing two children younger than 12 in another.
Taylor Circuit Court Judge Allan Bertram dismissed the rape charge on Aug. 26, according to court records, though the dismissal wasn’t given to the Taylor Circuit Clerk’s until late last week.
Records state that the charge was dismissed without prejudice because he has entered a guilty plea in the sodomy case. Records stating that he has entered a guilty plea in the case, however, haven’t yet been filed.
Black’s Law Dictionary states that any charges dismissed without prejudice can be re-filed.
Assistant Commonwealth’s Attorney Shelly Miller, the prosecutor in the case, was out of the office on Friday for fall break and unavailable for comment.
Rutledge’s attorney, Shanda West-Stiles from the Department of Public Advocacy in Columbia, did not return a phone call to comment.
According to Rutledge’s arrest citation, a videotaped interview was given to Kentucky State Police that shows a young girl revealing that Rutledge sodomized her at least once in Taylor County and once in Mercer County. Another child, a male, also told KSP troopers that Rutledge assaulted him.
KSP Public Affairs Officer Billy Gregory said when the indictment was handed down that the two alleged victims in the case were ages 7 and 8.
He said a case against Rutledge was also going to be presented in Mercer County and additional charges could be filed.
A court records search on Friday revealed that Rutledge faces an additional count charge of first-degree sodomy of a child younger than 12 in Mercer County. He is expected to appear in Mercer Circuit Court on Tuesday, Oct. 18, for a hearing in that case.
Records state that a witness told KSP Trooper Brian Coyt that she had overheard Rutledge committing one of the crimes. According to Rutledge’s indictment, he allegedly committed the sodomy acts from May 2 to May 9.
Rutledge, according to court records, told the KSP that he “did not recall” if he committed the crimes, but he also said that the children were not lying.
Taylor County Sheriff’s Deputy Robbie Vancleave also investigated the charges against Rutledge, who allegedly committed the rape on April 14.
If convicted in the sodomy case, Rutledge faces as much as life in prison. If convicted of first-degree rape, he could have faced as much as 20 years