A Muscogee County grand jury has refused to indict Zachary Allen on charges of rape and false imprisonment, according to his attorney and to court records
"I feel like it's long overdue," said defense attorney Richard Hagler. "It's an appropriate disposition for the case."
Hagler said he will now go about trying to resolve misdemeanor charges filed against Allen, who's the son of Columbus Councilor Gary Allen.
“I don’t dispute their decision,” said Assistant Solicitor General Ed Albright, who handled the case. “Exactly what we present to the grand jury is private, and I would rather not get into that.”
The incident happened at Allen¹s Virginia Street home early on Nov. 25, 2007, the 19-year-old woman told police. She and two friends were planning a going-away party for the then 25-year-old Allen, Columbus police said.
Allen arrived, visited with the woman for a while and then returned to his apartment in the same building. The woman followed, and the pair began kissing, the woman told police. Allen asked her into the bedroom and the woman agreed, reports state.
At some point, Allen passed out on the bed. The woman left his apartment, ran to her friends home and woke them up, reports state.
Thirty minutes later, she was telling her story to police.
Allen spoke to police at 5 a.m. on Nov. 25, 2007, reports state. He told police that he was moving from his apartment, and he found a note from three women on his truck around 2 p.m. He met the women around 11:30 p.m., stayed with them for a while and then returned to his apartment for a beer along with a friend. One of the women said she wanted to come along, reports state.
Once in his apartment, Allen and the woman began kissing. Allen's male friend made an excuse and left. At some point, the pair went into his bedroom and they kept kissing, Allen told police, but he said he never had sex with her.
At some point, Allen fell asleep, he said. Later, the woman said she was going to the bathroom and when Allen woke again, police were in his house asking if he was all right, reports state.
Allen also faces charges of DUI and improper lane change after he was stopped in May 2008 at Veterans Parkway and Manchester Expressway. The charges came three weeks after Mayor Jim Wetherington said a five-month city investigation determined there was no cover-up in the handling of a November 2006 traffic accident Allen was involved in while employed as a Columbus firefighter.
In that incident, Allen tested positive for cocaine an hour and 15 minutes after he hit two cars at the intersection of Interstate 185 and Macon Road while en route to an emergency call. An initial internal report by Columbus Fire & EMS stated that the results were negative; the report was later amended.