(BLOOMINGTON) - Child molestation charges filed against a man and woman late in 2011 have been dismissed because the case against them was weak, in part because of inconsistent statements given by the child and a lack of corroborating evidence.
But both will continue to serving time for unrelated offenses.
Laura Lane of the Herald Times reports that 45-year-old Tommy Lee Grubb was charged with three counts of Class A felony child molesting, the most serious level of felony, and three counts of dissemination of material harmful to minors. He also was charged with being a habitual offender.
Tracy Lea York, 44, also known as Tracy Jones, faced one count of child molesting and one count of not reporting a crime.
During the investigation, Grubb told police that in a drunken state he may have mistaken the girl for his girlfriend, but he denied any sexual misconduct.
Monroe County Chief Deputy Prosecutor Bob Miller says the case against the two crumbled as a result of inconsistent statements given by the child suspected of being abused.
Through a plea agreement, Grubb leaded guilty in April to one count of harmful dissemination and also to being a habitual criminal offender. He was sentenced to 7 and a half years in prison, and is incarcerated at the New Castle Correctional Facility. With good-time credit and time served, he is scheduled to be released in September 2015.
He is prohibited from being around children.
York is serving two years at the Madison Correctional Facility, after having her probation revoked in three cases involving convictions for theft, false informing and possession of cocaine. She is expected to be released in January.
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