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 — February 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.
But those rape charges have been dropped. Prosecutors said they don’t have enough evidence against Wanjiku. Sisters Asia and Desiree Woods were at Saints Pub the night of the alleged rape and said they’re disappointed with the latest developments int he case.
“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,” Asia said. “I see him in the car pulling his pants up buckling his pants, 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 arrived. Wanjiku’s battery charge happened during that struggle, when he allegedly bit a bouncer’s arm.
“I guess that bite is all they are concerned about now versus the rape, which is sick,” said Desiree.
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,” said Colgan.
Even on the battery charge Colgan said Wanjiku was just fighting back against an angry mob.
“He was struck at least twice and then choked,” Colgan added.
Colgan said 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,” Colgan said. “I know other parties don’t agree with that, but the courts, they have to treat everyone fairly — both the alleged victim and the defendant.”
Colgan said 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 $100,000 to $1,000 — 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 3 p.m.