- Associated Press - Saturday, January 23, 2016

PANAMA CITY BEACH, Fla. (AP) - Prosecutors have dropped sexual battery charges against one of three men arrested in April in connection with an alleged gang rape behind a waterfront Panama City Beach night club.

Charges against 22-year-old George Davon Kennedy Jr. were dropped because prosecutors did not have sufficient evidence to prove their case against him, the Panama City News Herald (bit.ly/1ZJeLmV) reported on Saturday.

Two other men continue to face felony charges of sexual battery by multiple perpetrators. A hearing in the case is scheduled for February 18.

Investigators charged the three men after a video surfaced of them appearing to have sex with an incapacitated woman on a beach crowded with rowdy spring breakers.

Prosecutors said in their motion to drop the charges that they had probable cause to arrest Kennedy, a student at Middle Tennessee State University, but that their investigation found “insufficient evidence to prove this case beyond a reasonable doubt.”

Kenneth Williams, Kennedy’s attorney, told the newspaper that the prosecution’s investigation revealed what his client asserted all along - that he did not victimize anyone.

“While the video established he was there, it did not establish the elements to prove he committed a crime,” Williams said. “Being physically present does not implicate you of a crime.”

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Information from: The (Panama City, Fla.) News Herald, https://www.newsherald.com

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