Bemidji gang rape: Charges dropped against suspect after DNA test

BEMIDJI, Minn. (FOX 9) - Prosecutors have dismissed charges against one man suspected in a reported gang rape in Bemidji last fall after DNA test results came back without a match.

Last year, Oscar Luna was charged with criminal sexual conduct after an 11-year-old girl reported being attacked in Bemidji.

Authorities say the girl reported being forced into a car, having a bag put over her head, and being taken to a yellow house where she was tied up and sexually assaulted.

She was brought to the hospital after the assault and found to have injuries consistent with being raped.

Authorities were able to locate a house that matched what the girl described and found 12 men inside: Luna, who is from Texas, and 11 foreign nationals.

Luna, who matched the description of a suspect given by the victim, was arrested and charged however none of the other 11 found in the household were ever arrested. DNA samples were, however, taken from all 12 men.

In an update on Tuesday, Beltrami County Attorney David Hanson said tests had come back, and none of the DNA tested matched samples found during the victim's rape test.

Officials say three DNA samples were found during an examination of the victim, and authorities have no doubt the girl was abused. But, so far, officials haven't been able to match those DNA samples to any suspect.

Charges against Luna related to the rape case are being dismissed. 

"In the American Justice system, prosecutors have a special duty to refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause," writes Hanson. "Initially, there was sufficient probable cause to proceed with charges against Luna, but as the investigation unfolded, much of that evidence became either uncorroborated or exculpatory.  At this point there is no evidence, admissible in a court of law, to implicate Luna for the sexual assault of the young girl.  Therefore, based upon the lack of evidence necessary to prove this case the Beltrami County Attorney’s office will be dismissing the charges against Luna.  Furthermore, because of the DNA evidence excluding the other men found at the scene, there are currently no suspects to file charges against at this time.  The case will remain under investigation, and if any new evidence is discovered, the Beltrami County Attorney’s office will examine it and proceed accordingly."

Luna is still facing criminal prosecution. Authorities say drugs were found in te house that prosecutors say Luna admitted belonged to him. Hanson says Luna also has two outstanding warrants out of Hennepin County.