OVERLAND PARK, Kan. -- A man accused of rape and battery was set to have his day in court Wednesday but it's been postponed again, the rape charge has been dropped, and now the accused has been able to bond out of jail. Some of the witnesses in the case say they came to the Johnson County Courthouse Wednesday for justice and left disappointed.
The alleged rape happened almost a year ago, Feb. 2012, in the parking lot of Saints Pub on 9720 Quivira. A woman says she met the man, Erik Wanjiku, in the bar and they came out to her car in the parking lot and that's where she says he raped her.
Sisters Asia and Desiree woods were at Saints Pub that night.
"I see a girl get out the car crying he raped me he raped me," said Desiree.
"I see her running she's crying she's screaming i see him in the car pulling his pants up buckling his pants," says Asia, "so I followed him in the lot and he said 'I did bad I did bad I need help.'"
The sisters say several people stopped Wanjiku from running away and kept him there until the police showed up. Wanjiku's battery charge happened during that struggle, when he allegedly bit a bouncers arm.
"I guess that bite is all they are concerned about now versus the rape," says Desiree, "which is sick, sickening, not too happy."
Defense attorney jim Colgan says his client has maintained his innocence from day one.
"Our position is he was absolutely innocent and justice was done," says Colgan.
Even on the battery charge Colgan says Wanjiku was just fighting back against an angry mob.
"He was struck at least twice and then choked," Colgan added.
Colgan says the witnesses don't know the whole story, a story Wanjiku plans to tell when he testifies on his own behalf.
"I think it's proven justice can be had for him, I know other parties don't agree with that," said Colgan, "but the courts... they have to treat everyone fairly both the alleged victim and the defendant."
Colgan says his client spent almost a year behind bars for a crime he didn't commit, so he was pleased the judge dropped Wanjiku's bail from 100-thousand dollars, to a thousand dollars, guaranteeing he will bond out. But the Woods sisters say that's the worst news of all.
"That's even scarier that he's just walking free," Asia said.
The new court date for that battery charge was set for January 15th at 3pm.