Miami County prosecutors Wednesday dismissed a felony rape case against a former Troy firefighter and another man based on “the continued failure of the victim to cooperate.”
Former firefighter Jeff Covault, 48, and Thomas Perkins Jr., 54, had pleaded not guilty to rape for alleged sexual conduct with a 21-old-woman on March 2 in the parking lot of The Vault on North County Road 25A in Troy. Both men listed Troy addresses. A trial in the case was scheduled to begin Dec. 11 in county Common Pleas Court.
The indictment alleged the woman was impaired because of a mental or physical condition and the alleged perpetrators knew of that impairment.
Covault posted bail of $200,000 the day of arraignment while Perkins remained jailed on the same amount. He faces other charges in a separate incident, but his release on a recognizance bond with conditions was approved Wednesday morning by Judge Christopher Gee.
The dismissal was without prejudice, meaning another case could be filed in the future.
"I can't try a case without a victim on board," said Miami County Prosecutor Anthony E. Kendell.
Whether a new case would be filed depends on the accuser, he said.