Charges dismissed in rape cold case

Charges in a 2004 Tacoma rape cold case were dismissed earlier this month when inconsistencies cropped up in the victim’s story, according to Pierce County court documents.

Dean Colbray, 54, of Lakewood was arraigned in Pierce County Superior Court in June 2016 on one count of second-degree rape. DNA from the 2004 incident matched DNA taken from Colbray when he was arrested in Anchorage, Alaska, in October 2015 in a domestic violence incident in which charges were dismissed.

The Pierce County rape charge against Colbray was dismissed Jan. 4 without prejudice, which means that prosecutors can refile the charges if new evidence comes to light.

Prosecutors had alleged that Colbray took in a woman seeking shelter and offered her a drink May 10, 2004, then raped her once she fell asleep.

That story fell apart during the defense interview, assistant prosecutor Lori Kooiman wrote in her motion to dismiss the case.

“Based on the information obtained during the defense interview of the victim, she was not intoxicated at the time of the offense,” Kooiman wrote. “She had a few drinks that evening, but was not significantly impacted by those drinks. Therefore, the State is unable to proceed under the theory of her being mentally incapacitated due to intoxication, or that the alcohol caused her to be ‘passed out.’ ”

Charges had originally been filed against Colbray as “Andy Doe” in 2008.

This story was originally published January 14, 2018 at 8:28 PM with the headline "Charges dismissed in rape cold case."